E215 



I IHK\KN Of ( OM.Kfss 

mill mi ii mi nun n 












>iHT\u:\T\m iiisTuiiY 



ST1UCTI0N OF THE GASPE1 



nil: ri;i»\ n>r\< r. .mi i;\ \i. 









W\ l|o\. Willi Wl |{. - 1 \ i • I - 









Til E 



HK'I \ir,NT\l!V IIISTOliY 



of rni: 



DESTRUCTION OF THE GASPEE. 



i "\irii i;i> for the ri;n\ idem ejoi i;\ \i.. 



\'.\ lln\. WILLI \M i;. STAPLES. 



P R O V I DEN ( E 
K N »» \\ A N D A N T H O N \ 

i : 



Entered according l<» Act of Congress, in the year 1845, by Knowi i -, 
in the Clerk's Office of the Districl of Rhode-Island. 






DESTRUCTION OF THE GASPEE. 



The lirsl appearance, of his Majesty's arm- 
ed 'I i the Gaspee, in the waters ol 

Narragansett Bay, was in March, 1772. She 
was 'if patched here hy the Commissioners 
ol I u ! in to prevent breaches of the reve- 
nue laws, and to put a stop to the illicit trade 
that had been successfully earned on for a 
long time in (his colony. .Soon after her ar- 
rival tin- following letter was sent hy Deputy 
Governor Darius Sessions, then residing in 
Providence, to Governor Joseph Wanton, of 
Newport : 

Phovidence, March 21, 1772. 

Sin : — Tin- inhabitants of this town have, 
oflate, been much disquieted in their minds, 
by repeated advices being brought of a 
schooner which for some time past hath 
'iin ed in ilir Narragansett Bay and much 
disturbed our Navigation. She suffers no 
-. ' el '" pa ii"i even packet boats, or oth- 
ers of an inferior kind, without a strict exam- 
ination, and where any sort of unwillingness 
i di covered, they are compelled to submit, 
by an armed lorce. Who he is and by what 
authority he assumes such a conduct, it is 
thought needs some inquiry, and 1 am re- 
i - I by a number of gentlemen of this 
town, on their behalf, to acquaint your Ho- 
nor therewith, and that you would take the 
matter into consideration and, if the com- 
mander of that schooner, has not as yetmade 
proper application and been duly authorized 
in his proceedings, that some proper mea- 
1 1 >■• i be taken to bi ing him to account. 

Ii is uspected he has no legal authority to 

ju tifj hi c lni't, and his commission, if he 

[in any, is some antiquated paper, more of a 
fiction than any thing else, ami this seems to 
1"' confirmed by Mr. Thomas Greene, who 
aw it. and believes it to be no other 
than the commission the famous Ileid had, 
who lost his sloop at Newport, or something 
else of no validity. In consequence of the 
above mentioned application, 1 have consulted 
with the Chief Justice thereon, who is of opin- 
ion, that no commander of any vessel has any 
right to use anj authority in the Body of the 



Colony without previously applying to the 
Governor and showing his warrant for so do- 
ing and also being sworn to a due exercise 
of Ins ..Dice— ami tins he informs me has been 
the common custom in this Colony. 

[ am. sir, with the greatest respect, your 
Honor's most obedient and humble servant, 
DARIUS SESSIONS. 

Gov. Wanton. 

The 'famous Reid," above referred to. 
was master of the armed sloop Liberty, 
which the commissioners sent to Newport in 
1769 for the suppression of illicit trade. — 
Capt. Reid exhibited a laudable zeal to ex- 
ecute his orders. Dressed in a little brief au- 
thority from the government at home, he lit- 
tle regarded the supposed rights of the colo- 
nists. He seemed inclined to consider that 
his commission warranted the exercise of un- 
restricted authority over Americans, and he 
required from them the same passive obedi- 
ence to his orders which had been the fash- 
ionable court doctrine in some previous reigns. 
On the 17th of July, he carried into the har- 
bor of Newport a brig and a sloop taken in 
the Sound, on suspicion of their being en- 
gaged in illicit trade. No proof was exhib- 
ited against the brig. Capt. Packwood, who 
commanded her, had reported his cargo at 
the custom house previous to his sailing.. — 
On the 19th, no prosecution having been en- 
tered against him or his vessel, Capt. Pack- 
wood went on hoard the Liberty to get some 
of his clothes which had been transferred to 
that vessel, in order to proceed on his voy- 
age. Capt Reid was not on board, but the 
commanding officer refused to deliver up the 
things required, and offered personal violence 
to Capt. Packwood. He succeeded, how- 
ever, in forcing his way over the side of the 
Liberty into his boat. Before lie reached 



the wharf, several muskets were discharged 
at him, but without effect. The Liberty was 
then lying between Long Wharf and Goat 
Island. In the evening Capt. Reid was met 
on the wharf as he was going on board the 
Liberty, by a large concourse of people, and 
was required to send for the Liberty's men to 
come on shore. Soon after they had landed, 
the Liberty was boarded, brought to Long 
Wharf and there scuttled,her masts cut away, 
and her boats taken out and carried to the 
Common in Newport and there burnt. The 
Liberty was afterward towed over to Goat 
Island near where the Light-house now is, 
where she was subsequently burnt. The 
brig received her papers from the custom 
house and proceeded on her voyage. The 
sloop escaped. No inquiry was instituted as 
to the authors of this outrage on one of his 
Maje fy's vessels. 

The letter from Deputy Governor Sessions 
led to the following correspondence between 
the Governor and the commanding officer of 
the schooner: 

Newport, Rhode Island, > 
March22, 1772. $ 

Sir:— A considerable number of the in- 
habitants of this Colony have complained to 
me of your having, in a mosl illegal and un- 
warrantable manner, interrupted then- trade, 
by searching and detaining every little pack- 
et boat plying between the several towns. 
As I know not by what authority you as- 
sume this power, I have senl off the high 
sheriff, to inform you of the complaint exhib- 
ited against you, and expect that you do, 
without delay, produce me your commission 
ami instructions, if any you have, which was 
your duty to have done when you (irsi came 
within the jurisdiction of this Colony. 
1 am your humble servant. 

J, WANTON. 

To the c Handing officei of a schoonei 

near Brenton's Point. 

Gaspee, Rhode Island, March 23, 1772. 

Sir:— Las! night, 1 received your letter 
informingme thai a "number of the inhabi- 
tants ofthisCoIony had complained" to you 
of my having "in a most illegal and unwai 
rantable manner interrupted their packel 
boat plying between the sev< ral (owns." 

In answer to which, 1 have done nothing 
but what was my duly, and their complaint 
can only be founded on thei noranci ol 
that. When 1 waited on you, on my ar- 
rival, I acquainted you of my being sent to 

thi ■ i\ ni to assii i the revenue. I had 

my commissi. hi to show you if required, as it 
was evei understood by all lus Majesty's 
governors I have had the honor to wait on, 



that every officer commanding one of his 
Majesty's vessels was properly authorized 
and never did produce it, unasked for. The 
officer I send is equally qualified, and lias 
been in the boats in boarding most of the 
vessels, and can give any information relative 
to my proceeding. 

Sir, your humble servant, 

W DUDDINGSTON. 

Newport, Rhode Island, j> 
March 23, 1772. s 
Sir: — Yours of this day I have received, 
which does not give me that satisfaction I 
had a right to expeel ; neither was the bear- 
er of the letter qualified to give me any au- 
thentic information respecting the legality of 
that authority you have presumed to exercise 
within this Colony. I expect that you do 
without delay, comply with my request of 
yesterday, and you may be assured that my 
utmost exertions shall not be wanting to pro- 
tect your person from any insult or outrage 
on coming ashore. 

1 am your humble servant. 

J. WANTON. 
To. Mr. W. Di'ddinciston, of the Schooner 
Gaspee. 

Here ended the correspondence between 
the Governor and the Lieutenant. It would 
seem that the Lieutenant's sense of propriety 
was .hocked, by the letters of the Governor, 
implying as they do, a right to control, in 
some degree, the proceedings of one of his 
Majesty's officers, while within the colony. 

He therefore enclosed the letters to Admi- 
ral Montagu, then commander-in-chief of his 
Majesty's fleet on this station. The Admi- 
ral sympathised with the Lieutenant, He 
felt his own dignity wounded in the requisi- 
tion made by the Governor on his Lieuten- 
ant. Forgetting that he was the Governor 
of a colon) of free Englishmen, elected by 
themselves, and not a royal governor of a 
Province, who held his office at the will of the 
King, Admiral Montagu addressed the fol 
lowing letter to ( lov. Wanton: 

I li :o V 6th April 1772. 

f>n< : — Lieutenant 1 luddingston, command 
er ol' his Majesty's armed schooner ami a 
part of the squadron under my command, 
has sent, me two letters he received from you 
of such a nature I am at a lo 
to give them, and ashamed to find they come 
from one of lus Majesty's Governoi III 
informs me that he waited upon you and 
showed you the admiralty and my orders for 
his proceedings, which, agreeable to his in- 
unctions, he is to do, that you may be ac 
quainted thai he is on that station to protei t. 
your province from pirates and to give the 



trade all the assistance he can, and to en- 
deavor, as much as lays in his power, topro- 
tecl the revenue officer, and to prevent (il 
possible) the illicit trade that is carrying on 
al Rhode Island. 

He, sir, has done his duty and behaved 
like an officer, and it is your duty as a gov- 
ernor, to give hun your assistance, and not 
endeavor to di tress the King's officers for 
strictly complying with my orders. I shall 
give them directions, that, in ca le they re- 
. eive any molestation in the execution of 

then- duty, they shall semi ever)' man so 
taken in molesting them, to me. 1 am also 
informed, the people of Newport talk ol fit- 
ting out an armed vessel to rescue any vei 
el the Ki mi t mav take carrying 

on an illicit trade. Let them be cautious 
u hal they do ; for as sun- as they attempt it, 
and any ofthem are token, I will hang them 
ai piratei . [shall report > our two insolent 
letters to my officer, to In M ije ty's Secre- 
tary s of State, and leave them to di tet .nine 
what right you have to demand a sight of 
all orders I shall give to all officers ol' my 
squadron, and I v, o ou nottoi end 

5 our Sherifl on boat d the K in ; 's ship again, 
on such ridiculous errands. The Captain 
and Lieutenant i have all my ord< i to rive 
lance i\ hene\ ,i- you di mand it, but 
further you ha\ with them. and. 

be a lured, il is not their duty to show you 
oie. part <•',' my orders or instructions to 

I am. sir your most humble servant. 
J. MONTAGU. 

This produced the following spirited an- 
swer : 

Rhode Island, May S, 1772. 

■ our letter dated April the 8th at 
Boston, I have received. Lieutenant Dud- 
ding iton ha ■ dour well in transmitting my 
letters to you. which 1 sent him; but I am 
sorry to be informed there is any thing con- 
tained in them that should he construed as a 
design of giving offence, when no such thing 
ided. I lut Mr. Duddjngi ton ha 
: ting to you "he 
waited on me and showed me the admiralty 
and your orders for his proceedings which 
agreeable to his instruction he is to do," but 
in that he has altogether misinformed you, 
lor he, at no time, ever showed me any or- 
ders from the admiralty or from you and 
positively denied that he derived any autho- 
rity either from you or the commissioners; 
therefore, it was altogether out of m, now 

.. ifthei he can.e hither to protect 
us from pirates, or was a pirate himself. — 

he ha done his duly ami behaved 
like an officer." In tins 1 apprehend you 
must be mistaken, for 1 can never believe it 
is tlic duty of any officer, to give t'alse in- 
formation to his superior..'. As to your attempt 
to point out what was my duty as Governor, 
V : < ase to he informed, that I do not receive 
instructions for the administration of my gov- 



ernment, from the King's admiral stationed 
i. You sei that ] have 
endeavored to distress the King's officer, for 
strictly complying with your orders. In this 
you are altogether mistaken, fori have at all 
times heretofore, and shall constantly for time 
to come, afford them all the aid and assistance 
in my power in the execution of their office. 
The information you have received "that the 
people of Newport talked of fitting out an 
armed vessel to rescue any vessel the King's 
schooner might take carrying on an illicit 
trade," you may he assured is without, 
foundation, and a scandalous imposition, lor 
upon inquiring into this matter. I cannot find 
that any such design was ever made, or so 
much as talked of, and, then fori'. 1 hope you 
will not hang any of his Majesty's subjects 
belonging to his colony upon such false in- 
formal , I am greatly obliged for the 

promise of transmitting my letters to the See- 
retary of State. I am, however, a little 
shocked at your impolite expression made 
use of upon that occasion ; in return for this 
good office, I shall al o transmit your letter 
to the Secretary of State, and leave to the 
King and his ministers to determine on which 
ide the charge of insolence lies. As to your 
idvice not to send the Sheriff on board any 
if your squadron, please to know, that 1 will 
-end the Sherifl of this Colony at any time, 
and to any place, within the body of it, as 
I shall think lit. In the last paragraph of 
your letter you are pleased flatly to contra- 
"ct hat you wrote in the beginning; for 
there you assert that Duddingston, by his in- 
structions, was directed to show me the ad- 
miralty and your orders to him, and here you 
assert, that I have no business with them, 
and assure me that it is not his duty to show 
me them or any part thereof. 

I am, sir, your humble servant, 

J. WANTON. 
The Governor laid the preceding letter 
from Admiral Montagu before the General 
Assembly, at their May Session 1772, and 
the following resolution passed that body in 
relation to the answer sent to the Admiral. 

"Resolved, That his Honor the Governor 
lie requested to transmit, a copy of the writ- 
ten letter to Admiral Montagu, and likewise, 
that his Honor, the Governor, be requested 
to transmit to the Secretary of State, a nar- 
ration, containing the proceedings referred 
to in said letter, together with a copy of the 
Admiral's li tter, as soon as may be, and that 
hepresenta copy thereof to this Assembly 
tit the next session ofthe same." 

The letter of the Governor led to some 
further correspondence between the Admiral 
and the Lieutenant, of which only the follow- 

g letter has been obtained : 

Sib : — I have received your letters ofthe 
14th and 18th inst and copy of commission- 



t) 



ere to you. By theire, I see plainly. I ran 
not look to them to be supported for i ending 
p and 1 1 mi i" I loston, notwithstand 
ing I was assured by their officers at this 
■ seizure could be safe with them.— 
There wai only the alternative to send her 
or remain in this harbor and guard twelve 
ds of rum. a bait, the inhabitants of 
ernmenl would willingly put in my 
way, if that could fix the schooner. I was 
not, at the time, ignorant of the statute to 
the contrary, but never donbti d il thi loop 
got afe I should be supported by them, a I 
mini med the board. The owner of the nun 
resided in Coventry, which is but little fur- 
ther from Boston than Newport, of course 
could, at as little ex] ense defend his proper- 
ty at 'I te as the other. As I find the ex- 

igi ncies not considered, but law referred to 
by them, for the future shall I ike care not to 
act repugnant to it, let what may be the con 
sequence. If I should have any doubt about 
that, will take the opinion recommended to 
then- officers relative to the officers in the 
Navy bi in lie All 

General. 1 shall he on my guard nol to put 
it in their power to arrest me or any officer 
under my command in this government. — 
What passed between the governor and me 
was. near as 1 can recollect, what follows. 
The morning after my arrival from Boston 
wa u hen I first saw him. 
Sir, I command his Majesty's schooner 

Gaspee, and am ordered into tin. vern 

menthy Admiral Montagu, to assist the re- 
Governor — Is it the schooner ('apt. Allen 
commanded ' (meaning the Lieutenant I 
supersede. 1. ) 
Lieut. D.— Yes. 

Govet in. i \\ e have had many different 
schooners hero lately, (mentioning the Sul- 
tana, St. John and Halifax.) 

Lieut. — Yes; and you may rememhrr me 

.hi two years ago when the < iolonels 
Dalrymple and Robinson came with me. (1 
am not sun- whether liesaid he did or not.) 

( iovernor What vi ssel was that which 
the Packet ' 

I told him whom she wa- commanded bj 
and belonged to, and my being there at the 
tune, and said, it would nol have happened 
had the officer cane near the Gaspee, which 
was his duty, with more on the subject too 
trivial for you to hear, lie then related the 
conduct of 1 the ' lollector and Mr. Reid, late 
commandet of the i ustom house sloop Lib- 
ertj , and said n wa in then- power to have 
saved her before . lie had received much 
damage, and aid he would not mind what 
the) represented concerning him, if they 
h i I told fact i. I aid I had heard it other- 
wi e mentioned, but hoped I should meet 
v. nh ii" difficultj in 'I"' e- i" n of a \ 
duty. 

1 • ' ' nor You may depend on my sup- 
port and assistance. 



I then observed, it was not clear to m( 
if I made a seizure it would be safe. 
( iovernor — I will do powet 

I then instanced what had been the fate 
of one made by the officers of the port a little 
before, and added. I did not think if 1 made 
one 1 should put it to the trial. 

Governor — I suppose you will be much 
here. 1 shall always be glad to see you. 

Lieut. D. — I shall be when- 1 find I can 
best execute the service. I was much 
obliged to him. 

Governor — 1 hope, Captain, we -hall have 
i li rstanding. 

I said it was my wash, and should give 
p ale. Much was 
a: about his government and police, hut 
never did he ask me to show my ord< i 
even mention them. The weather kept me 
some days in the harbor, and I was in com- 
pany with some of his friends, but never 
heard my authority questioned, till 1 ent the 
loop to Jioston, on my return here, at which 
I rave him m\ n letter, a 

copy of which 1 enclose to j ou, for nol show- 
ing mj orders, as he, till then, had never re- 
quired me to do o el which time I i nl 
them by an officer, which I informed you of. 
I inn i now beg leave to ol erve. if lie had 
asked me to show ray orders, is il possible I 
should b nli . officer and 

gentleman, in telling a falsehood, by doing 

which I mast he ruined as an officer and in 

reputation forever ' The fallacy 

seen when it is considered, the only thing 

that makes the schooner res] cted 

in be mi nicd by me. I lad such an assertion 

come from a private character, I should hope 

for reparation for an attempt to wound my 

reputation as an officer. In my pre; enl sit 

nation I hie ly to hope my person will 

he re pei ted as an offici r ,'■■- much as any 
Governor, who can make it appear b) no 
bettei e\ idence than an old woman and clerk 
in the naval office, and nol in the station of a 
gentleman, and I do not think either would 
be base enough to n itm : i o great a fal ;e- 

I I. As to his h tter, it cannot be looked 

upon as la but the Assembly's, where it was 

put. to the vote tn answer your letter or not. 

'['hey were all l'"r the answer, the (iovernor 

alone, for sending it to Lord 1 lill b 

Mr ( ireem i one of the house, the owner of 

the rum. 1 i mild expert no qua] 

p ople o ai ■ : imp. ( 'a the 10th the sloop 

was condemm d. I have taken the liberty 

tn enclose my letter to the Commi inner: for 

your perusal, open, as it was (he intention of 

the people here to have the I op old in the 

manlier they have been rj led to, llich ai 

ways falls into the old owners' hands without 
opposition. I hope soon to ha\ e the board's 
an wet to determine her de stination. 

your most obedient and humble 
servant, \V. DUDDINGSTON. 

, , ... s GA3PEE,May22, 177:.'. 

Admiral Mum. ml j U „, , 11L . f s , A , D . 



At the next session ot' the Assembly, 
which was in August following, Gov. Wan- 
tun presented a copy ofhis letter to the 8ec- 
retary of State, which was as follows : 

Newport, Rhode Island, May 30, 177:.'. 

My Lord: — In conformity to it vote of the 
General Assembly of this colony, 1 herewith 
transmit jour Lordship a copy of a letter I 
received from Admiral Montagu and the an- 
swer: They have also requested me to trans- 
mit i" your Lordship a narrative of all the 
proceedings referre I to in said letter. 

As Admiral Montagu has endeavored to 
'in! on my character and adminis- 
trations Governor of this i lolony, by charg- 
ing me with attempting to distress the King's 
officci rrom trictfy complying with his or- 
ders, your Lordship will indulge me with 
giving a short account of my proceedings, 
by which the ungenerou accusation of Ad-, 
miral Montagu will, 1 Hatter myself, appear 
not to have the least foundation in truth. 

On the2lsl of March last, a number of the 
inhabitants of this colony, gentlemen of es- 
tablished character, and whose loyalty to 
their Sovereign is not to be questioned, ex- 
hibited to me a complaint in writing, that a 

certain sch< :r was cruising in the Varra 

ganscti river, boarding every vessel and boat 
that pi icd, and otherwise interrupting them 
in the pursuit of their lawful busini i; and 
not knowing by what authority the persons 
belonging to said schooner exercised that 
I ithin the bod) ofthe colony, request- 

ed me to make such enquiry concerning the 
same as was consistent with law. It. there- 
fore, became my indispensable duty, in order 
the complaints, to demand of the 
commanding officer of said schooner, the rea- 
son ofhis thus acting, and whether he was 
vested with such power as would justify his 
proceedings, which produced my letter to 
him ofthe 22d ol March. It was answered 
by Win. Duddingston, of the schooner Gas- 
pee, but, as he did not give me thil satisfac 
lion 1 conceived 1 had an indisputable right 
t'i expect, 1 wrote another letter, whereupon 
he sent me by one of lus officers, an order 
from the Lords ofthe Admiralty, for his com- 
manding the schooner Gaspee ; also their 
letter to the commissioners at Boston r quest 
ing that board to give him a deputation in 
the customs, both which I returned to the 
officer in the same hour he brought them, 
without attempting in the least to distress or 
oppose him in the execution of his duty. — 
This, my Lord, is a true state of facts, and. I 
belie\ e, youi I .ordship is com inced that, in 
my proceeding i, I have done nothing but 
what was my duty, and that Admiral Mon 
•aim's accusation is as groundless as it is il- 
liberal. 

When I wrote my first letter, I do upon 

honor declare, that "l did not know whether 

una ci implained of v. u the < (a pee 

ir not. and even it I did, in my opinion 1 am 



justifiable, as 1 was entirely unacquainted 
with Mr. Ouddingston's authority, either as an 
officer in the revenue or navy ; and, I do not 
believe, he had any right to officiate as a 
custom house officer within the body of this 
colony, before he had communicated to me, 
or some proper authority, his commission for 
so doing. | must not omit mentioning, that 
the information which Admiral Montagu says- 
he has received that the people of Newport 
talk of fitting out an armed vessel to rescue 
any seizures which may lie made by the 
King's vessels, is, your Lordship may be as- 
sured, a malicious representation, calculated, 
by the enemies of our happy constitution, to 
injure the colony, and bring upon the inhab- 
itants his Majesty's displeasure. 1 acknow- 
ledge it a singular happiness, that this affair 
is brought, before your Lordship, and that 
your candor and inflexible integrity will fix 
the charge of insolence where it really be- 
longs. I submit the dispute, with pleasure, 
from a thorough conviction that your Lord- 
ship's opinion thereupon will be consonant to 
the strictest equity. 

It is now my turn to complain of Wm. 
Duddingston's illegal proceedings, in carrying 
a quantity of rum he had seized on hoard a 
small boat, lying within the county of Kent, 
in this colony, to Boston, for trial, notwith- 
standing by the 8th of Ins present Majesty, it 
is expressly declared, that all forfeitures of 
this kind shall be tried in that colony where 
the offence is committed. To recite every 
particular of his unwarrantable proceedings, 
would, my Lord, he tedious. Let it then 
suffice, that since the Gaspee and Beaver have 
been stationed in tins colony, the inhabitants 
have been insulted without any just cause, 
with the most abusive and contumelious lan- 
guage, and I am sorry that. I have reason to 
say, that the principal officers belonging to 
said vessels have exercised that power with 
which they are vested, in a wanton and ar- 
bitrary manner, to the very great injury and 
disturbance of the colony. 

I have, my Lord, constantly afforded the 
King's officers all the assistance in my pow- 
er in the legal discharge of their trust; if any 
ofthem through prejudice, ignorance of their 
duty or youthful indiscretion, insult the colo- 
ny, it is my duty, as his Majesty's governor, 
to remonstrate against it. 

I am, with the greatest deference and re- 
spirt, my Lord, your Lordship's most obe- 
dient humble servant. J. WANTON. 

To the Right. Honorable Earl of Hills- 
borough, one ofhis Majesty's principal iSec- 
reta f State. Whitehall. 

The tacts stated and alluded to in the fore- 
going letters must have done much toward 
rendering the situation of Lieut. Dudding- 
ston inure uncomfortable, and the discharge 
ofhis duties less acceptable to the colony. — 
In one instance, at least, he had violated the 



8 



express provision of an act of Parliament re- 
lating i" • i aires made for illicit trade The 
act required thai goods so seized should be 
adjudicated upon by the court of Via \>! 
mindly in the colony where seized. He 
seized a sloop with twelve hog iheads of ruin 
on board, within the county of Kent, and cnt 
them to Boston lor trial, He stales that the 
owner ofthe rum was a Mr. < frecne, a mem- 
ber of the General Assembly from Coventry, 
[f so, it must have been Nathaniel Greene. 
Jr. For this act he had been threatened 
with a suit, and dared not go on shore lor 
fear ofbeing arrested. Things continued in 
this state, growing even worse rather than 
better, until the destruction ofthe Gaspee in 
.tune following, which is thus described by an 
eye witne 

'Intheyear 177:.'. the British government 
had stationed at Newport, Rhode Island, the 
schooner called the Gaspee, ol eight guns, 
commanded by Wm. Duddingston, a Lieuten- 
ant in the British Navy, for the purpose of 
preventing the clandestine landing ofai tides . 
subject to the payment of dutj The ( lap 
tain "| this schooner made il In practice to 
stopand hoard all vessels ntering or leaving 
of Rhode Island, or leaving New- 
port for Providem e 

On the 10th day of June. 171 !. Capt. Tho- 
mas Lindsey left Newport in his packet for 
Providence, about noon, with the wind at 
North ; and soon after, the < Jaspee was under 
sail, in pursuit of Lindsey. and continued the 
chase a i fai as Vamquit Point, which runs 
off from the farm in Warwick about seven 
miles below Providence, now owned by Mr. 
John Brown Francis, our late < rovernor. — 
Lindsey was standing easterly, with the tide 
on ebb about two hour-, when he hove about, 
at the end ol Namquit Point, and stood to the 
westward, and Duddingston in clo e chn e 

cl ged his course and ran on the Point, 

near its end, and "rounded. Lindsej C011 
tinued on his course up the river, and arrived 
at Pro\ idence about sunset, v. hen he immc 
diately informed Mr. John Brown,oneof nur 
first and mo I n pectable merchants, of the 
situation of the Gaspee. He immediately 
concluded that she would remain immova- 
ble until after midnight, and thai now an op- 
portunity offered of putting an end to the 
trouble and vexation she daily caused, Mr. 
Brown immediately resolved on her dc true 
lion, and he forthwith directed one ol h 

trusty shipmasters to collect eight of the 

lai gc it long boats in the harbor, with five 
oarsto each, to have the oars and row locks 
well muffled, to preveni noise, and to place 
ile 'in at Fenner's wharf, directly oppo ite to 
the dwelling of Mr. Jamc Sabin, who kept 
a house ofboard and entertainment 
tlemen, being the same house purchased a 



lew years after by the late Welcome Ar- 
nold and is now owned by and is the resi- 
dence of Colonel Richard J. Arnold, his son. 
About the time ofthe shutting up of the 
hops -in after sunset, a man passed along 
the Main street beating a drum and inform- 
ing the inhabitants ofthe fact, that the Gas- 
pee was aground on Namquit Point, and 
would not float off until 3 o'clock the next 
morning,and inviting those persons who felt 
a dispo ition to go and destroy that trouhlc- 

ome e el to repaii n th< ei , , i n g to Mr. 
James Sabin's house. About 9 o'clock, 1 
took my father's gun and my powder horn 
and bullets and weal In Mr. Sabin's, and 
found the southeast room full of people, w here 
I loaded my gun, and all remained there 
till about 1U o'clock, some casting bullets in 
the kitchen, and others making arrangements 
for departure, when orders were given to 
cross the street to Fenner's wharf and em- 
hark ; which soon took place, and a sea cap- 
tain acted as steersman of each boat, of 
whom 1 recollect < lapt. Abraham Whipple, 
Capt. John ]!. Hopkins, (with whom 1 em- 
harked.) and Capt, BenjaminDunn. A line 
from righttoleft was soon formed, with Capt. 
Whipple on the right and Capt. Hopkins on 
the right of the lefl wing. 

The party thus proceeded till within about 
sixty yards of the Gaspee. when a sentinel 
hailed, "Who comes there 7 No answer. — 
He hailed again and no answer. In about a 
minute Duddingston mounted the starboard 
gunwale in hisshirtand hailed, "Who comes 
No answer. Hehailed again, when 
( lapt. Whipple answered as follows — "I am 

the sheriff ofthe county of Kent, G — d d n 

you. 1 have got a warrant to apprehend 

you, <; eld n you; so surrender, G — d 

d n you." 1 look my seat on the main 

thwart, near the larboard row-lock, with my 
gun by my right side, facing forwards. As 
soon as Duddingston began to hail, Joseph 
Bucklin, who was standing on the main 
thwart b) my right side, said to me, "Ephe, 
reach me your gun and I can kill that fel- 
low.' I reached i I to him accordingly, when, 
dining Capt. Whipple's replying, Bucklin 
fired and Duddingston fell, and Bucklin ex- 
claimed, "1 have killed the rascal.'' In less 
than a minute alter ( 'apt. Whipple's answer, 
the boats were alongside ofthe Gaspee, and 
boarded without opposition. The men on 
deck retreated below as Duddingston enter- 
ed the cabin. 

As it was discovered that he was wounded, 
John Mawney. who had lor two or three 
years been studying physic and surgery, was 
ordered In go into the cabin and dress Dud- 

dingston's wound, and 1 was directed to as- 
sisthim. Onexamination.it was found the 
ball look ellect about live inches directly be- 
low the navel. Duddingston called for Mr. 
Dickinson to produce bandages and other ne 
ccssanes for the dressing of the wound, and 
when finished, orders were given to the 



9 



is company to collect their clothing 

and e\ < <-\ thing beloi tl em and put 

them into their boats, ■>- all of them were to 
be sent on shore. All urn- soon collected 
and put on board of the boats, including one 
ol our boats. They departed and landed 
Duddingston at the old -(ill house wharf, at 
Pawtuxet, and put the chief into the house of 
Joseph Rhodes. Soon after, all the partj 
were ordered to depart, leaving one boat for 
the leadei i pedition, who soon set 

the i e el on Sre, which consumed her to the 
waters' edge. The names of the mosl con- 
picuou actors are as follows, viz : Mr.John 
Brown, Captains Abraham Whipple, John 
!'». Hopkins, Benjamin Dunn, and five others, 
i\ ho ic name I ha\ e forgotten, and John 
Mawney, Benjamin Page, Jo eph Bucklin, 
in,! Turpin Smith, my youthful companions, 
all of whom are dead, [believe, every man 
of he party, excepting myself, and my age is 
eighty-six years this 29th day of August, 
lighteen hundred and thirty-nine. 

EPHRAIM BOWEN." 

9 The fore ;oing I itement was published by 
i !ol. I low en al the time i' bear date. Since 
then he al o ha followed his "youthful com- 
panion i" to the grave. 

< !ol. Bowi u mistook in his recolli 
to the d proclamation, 

ued Jane 1 2th, vvh 

. t the Ga pei wo destroyed on 
lie ■-. the (| ili day of June. ( 'apt. Lind- 
p, called the Hannah, according to 
tin Pi dencc i (azette of June 13, arrived at 
Newport on Monday, from New York, and 
after reporting her cargo at the cu torn 
house, proceeded up the river on Tuesday. 

Mr. John Mawney, who is named in Col. 
Bowen's narrative, in a statement published 
in the American and Gazette in the year 
I S26, records the following additional facts. 
After hearing the drum beat, he repaired to 
Mr. Sabin's, where he learned the object of 
'I" 1 meeting , and ome ol hi: acquaintances 
t lie re, urged him to go with them as surgeon. 

Ti I readil) consented, and 

wi ui i" i !oi li ' v. li hi' with Capl I 
Tillinghast, who commanded the barge, it 
beiim- the last boat that put oil', and in going 
down we stopped at I ' apt. < Jooke's ivli art'. 
where we to >k in sta\ es and paving stones, 
w in' 'b done followed our i ommander and 
came up with them a con iderablc distance 
down the river, after which we rowed alone 
! rettj rapidly till wi came in sight of the 
schooner, when Capt., the late Commodore 
Whipple, ordered us to forma line, which 
was instantly complied with, alter which we 
oil;, along, till we had " il near the 
schooner, when we were hailed from on 



board with the words, "Who comes there 7" 
Capt. Whipple replied, "I want to come on 
board." The reply was, "Stand off, you can't 
come on board." On which Capt. Whipple 
roared out. "1 am the sheriff of the county of 
Kent, I am come for the commander of this 
vessel, and have him I will, dead or alive — 
men, spring to your oars ;" when we 
an in tanton her bows. I was then sitting 
with Capt. Tillinghast in the stern of the 
barge, and sprang immediately forward, and 
seeing a rope hang down her bows, seized it 
to help myself in. The rope slipping, I fell 
almost in my waist in the water, but being 
activeand nimble, 1 recovered, and 'was the 
first of our crew on deck, when Simeon H. 
Olne) handed mc astave, with which, seeing 
one that I took to be of the crew of the 
floundering below the windlass, I 
was in the altitude of levelling a stroke, when 
he cried out, '-John, don't strike." Being 
very intimately acquainted with Capt. Sam- 
uel Dunn. I knew his voice, left him, and 
sprung back of the windlass, where there 
was commotion and noise, but which soon 
ubsided, the crewjumping down the hold, I 
< !y following, when I ordered them 
to bring cords to tie their hands, and told 
them they should not be hurt but be sent on 
shore. They brought some tarred strings, 
with which 1 tied the hands of two behind, 
when John Brown, Esq., called tome saying, 
I was wanted immediately on deck, where I 
was instantly helped. When ] asked. Mr. 
Brown what is the matter, he replied, "Don't 
call names, but go immediately into the cab- 
in, there is one wounded, and will bleed to 
death " I hastened into the cabin and found 
Lieut. Duddingston in a sitting posture, 
gently reclining to the left, bleeding profuse- 
ly, with a thin, white, woollen blanket, loose 
ab.au ban, which I threw aside and discov- 
ered the effect of a musket ball, in his left 
groin, and thinking the femoral artery was 
cut, threw open my waistcoat and taking my 
shirt by the cellar, tore it to my waistband, 
when Mr. Duddingston said, "Pray, sir, don't 
tear your clothes, there is linen in that 
trunk," upon which I recpacsted Joseph 
Bucklin to break open the trunk and tear 
linen and scrape lint, which he immediately 
ittempted, but finding the linen new and 
strong, could nor make the lint. I then di- 
rected bun to place bis hands as I had mine, 
which was, the ball of my left hand on the 
orifice of the wound, and giving him the 
word to slip his hand under mine and to 
press hard to prevent the effusion of blood ; 
which being done, I went to the linen and 
attempted to scrape il into lint, but found I 
could not effect it. As daylight was fast 
coming on and our time short, I then tore the 
linen into strips for compresses and the ne- 
cessary bandages, which was done by knot- 
ting them into long strips, placed the mm- 
ine , fiveorsix deep, and with the liga- 
tures, by the Lieut. All being prepared. I 



10 



told Bucklin to raise his hands, when I in- 
stantly placed the compresses on the orifici 
and placing the bandage round the thigh 
over the wound and crossing it above, drew 
tight, so that the effusion of blood v. 
ped. During the operation, I was several 
times called upon at the door, but now was 
ready. When the door was opened manj 
rushed in and attacked the bottles. 1 hav- 
ing boots on, stamped cm them, and requi 
ed others to assist, which was readily done. 
During this, Mr. Duddingston was carried 
out ofthe room, and I never saw him atter. 
notwithstanding I had several invitations, 
through Dr. Henry Sterling. When 1 came 
on di i i. I saw < 'apr. Tillinghast, and some 
others. We got into the boat and rowed up 
the river a certain distance and went by 
land to town, when Capt. Tillinghast, who 
was then living with me, after taking break- 
fast, went on the hill to view the smoking 
ruins ofthe vessel, which was all in flames 
soon after we left it.' 1 

In the proceeding statement of Dr. Maw- 
ney, are some facts not recollected by Col. 
Bowen; facts which did not, and could not, 
considering the different parts they acted, 
fall under his observation. They are evi- 
dently different parts of the same transac- 
tion. The attention of Dr. Mawney was 
particularly directed to his patient, the wound- 
ed Lieutenant, though, it seems, he was 
equally ready to inflict as to cure wounds. — 
From a subsequent statement of Dr. Maw- 
ney, it appears that Lieutenant Duddingston 
was not wanting in gratitude to Ins surgeon. 
After his wound was dressed, he offered 
Dr. Mawney a gold stock buckle as a testi- 
monial of his gratitude. This was refused, 
buta silver one was afterward offered and 
accepted, and worn by Dr. Mawney but a 
little while before his death. 

Daniel Pearce was the individual who beat 
the drum through the streets. At, the tune 
of tins occurrence there were, two packet 
masters bj the name of Lindsey. Col Bovs 
en was mistaken in the name of the Capt. 
ofthe Hannah. Thai was Benjamin and 
not. Thomas. 

Deputy Governor Sessions addressed the 
following letters to Gov. Wanton, which 
probably gave him the first notice of the 
de truction of the ' la pi e 

Providence, June 1 1, \~':i. 
Sin : — A very disagreeable affair has 
lately happened within this part ofthe colo- 
nj La t Tuesday night, as his Majesty's 
schooner the < laspee lay aground on the 
point of land called Namquit, a little below 



Pawtuxet. site was hoarded in a hostile 
manner, by a number of persons unknown, 
who, in the attack, dangerously wounded the 
commander, William Duddingston, by firing 
a pistol or musket ball through his arm, from 
whence it passed and entered near his groin, 
and is now lodged in some part of his body. 
As soon as they had secured the possession 
ofthe vessel, they took out the captain with 
all the people, the greater part being first 
pinioned, put them into boats, and put them 
ashore on the main land near Pawtuxet ; af- 
ter which they put fire to the schooner, which 
soon reduced her to ashes, dowai to the wa- 
i r edge. Upon my receiving the news. I 
immediately set out for Pawtuxet, attended 
by some gentlemen from this town, went di- 
rectly to Capt. Duddingston, told him if he 
needed any money, surgeons, or a removal 
hi his person to a place more convenient, I 
would give him all the assistance in my pow- 
er. He replied, he wanted no favors with 
respect to himself, but only desired some 
care might be taken of his people, that they 
might be collected together, and sen! either 
to Boston tn the Admiral, or i Ise to the 
Beaver al Newport, which I promised I 
would take care to do. 1 theninformed him, 
that the design of my visit, at that tune, was 
nut niil\ in afford him any relief his circum- 
stancesmight require, but also to gain a de- 
claration from his own mouth respecting the 
attack that had been made on his person and 
i the vessel he commanded, that the perpe- 
trators might be brought to justice. He an- 
swered, he would give me no account of the 
matter; first, because ol his indisposition of 
body, and secondly, because it was his duty 
to forbear any thing ofthe nature till he had 
dime n to lus commandin : offii er, al a courl 
martial, to which, if he lived, he must be call- 
ed, but if he died, he desired it might all die 
Willi him. 1 then asked him if he was wall- 
ing 1 should examine any of his officers and 
people. He said he was willing. 1 then 
proceeded to examine a number of them, 
they all agreeing nearly to the same thing, 
and herewith convey to your honor, cop 
ies of the most material of their declara- 
tions. The dangerous fendency of this trans- 
action is too obvious to pass it nver with the 
least appearance of neglect, and. therefore, 
doubt not your honor will give il due alien 
linn, and prosecute such measures as wisdom 
and prudence shall dictate. 

It is the prevailing opinion of the gentle- 
men in tins quarter, thai a proclamation, with 
a large reward, be issued lor the apprehend- 
ing the persons who have thus offended. You 
will please consul! the gentlemen your way. 
and in the meantime, I will endeavor to col- 
lect the sentiments of the members of the 
Assembly, and other principal gentlemen by 
name and send the same to your honor a 
soon as may be. 

I am, with respect, your honor'smosl hum- 
ble servant. DARIUS SESSIONS. 



i 1 



Enclosed in this letter were the. following 
affidavits : 

The examination of Bartholomew I 'heever. 
mi in lately belonging to hie Majesty's 
schooner, the Gaspee, taken by Darius Ses- 
lions, deputy governor of the colony of Rhode 
Island, &c.j is as followeth, viz: That the 
naiil schooner being bound from Newport up 
to Providence, to take on board some of Ins 
Majesty's seamen that were expected from 
Boston, did, on the 9th of this instant, at about 

ilu i e o'clock in the alien i of said day, run 

aground on apointof laud, about six miles 
below the town of Providence, where she, the 
said schooner, lay until twelve o'clock at 
in la at which time he, the said Cheever. 
i ailed upon deck to lake the watch ; 
about three quarters of an hour afterwards, 
the schooner yet being aground, he observed 
some long bo it . ab ml six or seven in num- 
ber, full of men, drawing near to the schoo- 
ner, upon which he informed the commander, 
i lapl I tuddin ton, w ho immediately came 

00 deck, and ordered him to hail them and 
bid them stand oft on their peril, to which 
they answered, I >amn j ou, we ha\ o you 
The captain then ordered him to call all 
hands on deck, which lie did ; but before 
many of them got tip, the boats were along- 
side and the crew gettingon board ; and as 
they were entering the schooner, he saw the 
flash and heard the report of a muski I and 

heard the I m|> lain cry out, he was a dead 
man. We were then ordered into the hold, 
and la!, en out separately and put into the 
in ; .di' the most of us being pinion- 
ed, and thru put on shore on the main land, 
where wc had not hern long before we saw 
, inci on fire, n here she continued 
till the fire reached the wati i i 
Question— Did you, or do you know, or do 
mber ever to have seen before any 
,,i' Hi,, .:■ person: thai boarded the schooner 
at thai time ■ 

An wei So. Ins 

BARTHOLOMEW X CHEEVER. 
mark. 

i lolonj of I! mode Island, &c, } 
Warwick, June 10, 177:,'. \ 

The :i1,m\ e named I Sartholomew < 'I ver 

"inl\ sworn to the truth of the fore- 
i laration, to the which he has sub- 
. I fore 

DARIUS SESSIONS, 
1 (eputy < fover \ 

The examination of John Johnson, boat' 

swain of his Majesty's scl ner Gaspee, 

commanded by William Duddingston, to- 
gi ili, r wiih the examination of "William Ca- 
ple n ram in mi bo ail said schooner, taken 
thi i 'nth day of June, in the twelfth year 

01 In Majesty's reign, A. D. 1772, before the 
lion. Darius Sessions, deputy governor,— 
severally say. that on the ninth of June, being 
bound with said schooner to the town of Pro- 



vidence, in order to take onboard some of his 
Majesty's seamen, which was expected from 
Boston, m order to replace them on board his 
Majesty's ship to which they belonged, about 
liner o'i dock in the afternoon of said day the 
schooner grounded on a point in the Narra- 
gansett Bay, about six miles southward of 
the town of Providence ; and about the mid- 
dle of the night following, the schooner still 
being on ground, there being but one hand 
on deck, he discovered seven or eight long 
boats, with a number of persons aboard them, 
on which the person on deck informed the 
commander, William Duddingston, who bail- 
ed the boats and ordered them to keep off; 
but the persons on board said boats not re- 
garding the commander's orders, came near 
in order to board said schooner, on which 
the captain or commander called all hands; 
but before we was on deck, we beard two 
small arms or pistols fired; and when coming 
on deck, the schooner was boarded, and be- 
uiL r iii the hatchway, said Johnson received 
several blows with a stirk. and as soon as 
we wa ■ on deck, we was bound, and all the 
rest ofthe seamen bound likewise, and put 
on board their boat, and landed on the 
west side ot'said Bay, together with captain 
or commander, who was much wounded. 

Question — Have you any knowledge of 
the persons that boarded the schooner? 

Answer — No. his 

JOHN jxj JOHNSON. 
mark. 
his 
WM. J. (xj CAPLE. 
mark. 
Colony of Rhode Island, &c, > 
Warwick, June 10, 1772. $ 

The within John Johnson and Wm. Ca- 
ple made solemn oath to the truth of the with- 
in, or foregoing declaration, to which they 
have subscribed, before 

DARIUS SESSIONS, 

Deputy Governor. 

On the following day, June 12, Governor 
Sessions addressed another letter to Gov. 
Wanton. The bearer of which probably 
broughl the proclamation of Governor Wan- 
ton: 

Proviuence, June 12, 1772. 

Sin : — Since I wrote you yesterday by 
Hacker, I have r ceived the advice of till the 
civil authority in this town, as well as an ap- 
plication m writing, signed by a great num- 
ber of the most reputable inhabitants, who 
mimosuly of opinion, and earnestly 
desire that your honor forthwith issue a pro- 
clamation with a proper reward, for the ap- 
prehending and bringing to justice any and 
every person that was concerned in destroy- 
ing the schooner Gaspee, or in assaulting 
and wounding William Duddingston, the 
commander ol said schooner; and, if your 
honor find it expedient to put forth such pro- 
clamation, it is requested that a copy there- 



12 



of may be sent by the bearer, who ■ 
press, and has orders to wait until it is de- 
termined whether a | roclamaiion be i 
or ii"i ; and if il be, to bring it [ 
him timely, th; in erted in our 

r to morrow. Somi 

being called his Maj 
esty's sch thought by - imi 

n fact, reall) wa : not, and consequently did 
n ,,i di - xvethat appellation. If the evidence 
wc have in that respeel I"- sufficient to de 
nominate her* a King's vi sel, she oughl to 
be called so, if nut, then only without anj 
compliment, the schooner Gaspee, which is 
submitted to your honor'i better knowledge 
and discretion by 

Your honor's mosthumble n rvant, 
DARIUS SESSIONS, 
p. S. — Dr. Sterling, who attends Cant, 
Duddingston, informed us yesterday that lie 
u;i. iii a fair wa) to recover of his wound 
( Jovernor Wanton, 
The Hon. Jo* eph Wanton, Esq., at New- 
port. 

By the Honorable Joseph Wan- 
'i [L. S.J ton, Esquire, Governor, Captain 
( teneral and ' !ommander-in-chief 
of and over the English < iolony of Rliode 
Island and Providenc 
England in America— 

A PROCLAM VTION. 

Whereas, on Tuesday, the 0th 
the night, a number of people unknown, board 

ed his Majesty's armed schi er the < (a pec 

as she lay aground on a point of land called 
Namquit, a little to the southward ol Paw- 
tuxet, in the colony afore: aid, who danger 
lunded William 1 (uddingi ton, the 
commander, and by force took him with all 
his people, put them into boats, ai.d landed 
them near Pawtuxet, and afterward sel fire 
to the said schooner, whereby she \\ i total 
ly destroyed. I have, therefore, thought fit, 
by and with the advice of such of hi Maji 

icil as could be seasonably convened 
I,, issue this proclamation, strictly charging 
and commanding all his majesty's officers 
within the said colony, both civil and milita 
rv. to exert them eh es with the utmo I \ 
ilance to discover and apprehend tl 
guilty of the aforesaid atrocious crime, that 

they may be brought I" condign \ h 

inrni. and 1 do hci ebj oiler a reward of one 
hundred pound ti rling monej of ( treat 
Britain to any per :on or persons who shall 
ill cover the pel petraton ol the aid villainy, 
to be paid immediately upon th i 
of any one or more of them. 

And the il '■■■ m the aid colony 

ari hereby required forthwith in cause ihi- 
pro 1 unation to be posted up in the mosl pub- 
lic places in each of the towns in their re 
e counties. 

< riven under my hand and seal al arm a1 
Newporl this I2th day of June, in the twelfth 
year of the reign of his Most Sacred Maje 



ty George the Third, by the Grace of God, 
King of Great Britain and so forth. Anno 
Dom. 177-'. J. WANTON, 

imand : 
Henhv Ward, Secretary. 
( Jod save the King. 
Notwithstanding the wound of Lieutenant 
Duddingston, he probably on the morning of 

the tenth of J i di patched a mi 

Admiral Montagu, with the news of the losf 
ofhis vessel, The messenger was probably 
William Dickinson, a midshipman. The 
communication led to the following letter to 
• , . , . anton from the Admiral : 

Boston, i lib June, 1772. 
Sin: — Enclosed I transmit your Excellen- 
ej a deposition taken before me of the pi- 
ratical proceedings of the people of Provi 
dence in R hode Island £ eminent, by at- 
tacking in klaj chooner n ith an armor 

lb] ce, w ounding hei ci nander in a danger 

oi, manner, and then setting her on fire. I 
am to request your Excellency will use such 
methods as you shall think proper for appre 
hending and bringing the olfen lers to justici 
I am now d< patching a sloop to England 
with the account I enclose to you. and am 

your Exci ern humble 

servant, J. MONTAG1 . 

1 lis Excellency * iov. Wanton. 

The deposition enclosed was that of Wm 
Dickinson, which was as follows: 

William Dickinson, midshipman of his 
Majesty's schooner Gaspee i ayeth : That 

cl :r was hi single am hor aboui 

three leag ue bi I ■ ■.■. Pro\ idence, in Rhode 
Island government, nub of June, 177.'. ami 
aboul half pni i twelve o clock in the night 
or morning, the watch gave the alarm that a 
number of boats wei e coming down the riv- 
er, and very near us, ( being an i 
ing i lark night,) we hailed them, and ordered 
them to Keep off. They instantly gave us 
three cheers, on v. hich wc fired at them with 
muskets, which they immediately returned 
with half a dozen mui kets, (or tin reabouti . | 
U e ib n bred our pistols, on which they 

boarded us upon the i tarl rd bow, and 

fired a number of small irm - Immediately 
I lieutenant I hiddinu ion (her commander) 
cried out, "Good ( rod, I am done for," and 
was wounded m his groin and arm. \\ bile 
we were di puling forward, relative to their 
boarding us, three other boa: boarded us 
up in the quarter. In the three boat 3 which 
bo irded u upon he quarti r, there were 
thirty or forty men al least, and in the whole. 
I suppose, about 150 in number, on which we 

though! proper (the Lienti nant beingw I 

render. When they had aol po i- 
I the schooner they used the people 
very ill, by pinioning of them, and throwing 
them into their boats, and refused the Lieu- 
tenant aid officers :nn necess trie i bul what 



13 



they had on, and not even suffered the com- 
manding officer to have his papers, and rob- 
ilver spoons, and 
throwed his linen and apparel overboard.— 
We were thensenl a hore, in two different 
boats, the Lieutenant and part of the men in 
one boat, and m\ self u ith the rest of thu peo- 
ple in the other boat, at the distance of atjoui 
two miles asunder, as we found al daylight. 
1 remained on the beach, and about half-pas! 
three o'clock saw the schooner on fire, and 
about half-past four I saw three boats put 
off from her, full of men. and rowed up to- 
wards Providence, and an hour after another 
boat came by her and landed her men at 
Paw tuxet. 

Q tions by Ulmiral Montagu. 

Question.- -How long had you been lying 
in Providence River ■! 

Answer. -Wc came to an anchor there at 
o cloi 1. hi the afternoon of the 9th of 
June 

Q. — Had yon sent any boat ashore ' 

but employed sounding the Harbor. 

Q. Had j "ii been Pi i nee before 
during the time you were upon that station '. 

A.- \o 

Q. — !><> you imagine that the people who 
boarded you, i i : from Pro i 

ii landed her men at 
Pan tuxet. 

<j What ui tance is Pawtuxet from Pro- 
vidence by land ' 

A.— Five miles. 

iV \\ hat di tancc were the boats from 
tin ill a when thej were firstseen? 

I. I v.. a.. i upon deck at first my ill 
hut win n I saw them thej n ei e about LOO 
yards. 

(J —Why did you not fire your great guns 
al them ! 

A.— They 1> 'ded us upon the boi 

u ere .ii i" us that we had not time to 

... ..in ..mi ..ui ai the bow ports 

Q. — Did any of the people that boarded 
you appear like gentlemen ' 

I. iTes; man) of them appeared like men 
and trade men, and but few like 
common men. 

Q. — Did they make use of any opprobrious 
language ' 

I. -Yes ; by threatening to put the I lieu- 
tenant to death, and calling us piratical ras- 

Q. Where did von leave the Beaver ' 
i i iff i .i the mouth of 

■ |.. age. 
Q. \\ Ii it di tance from you ' 

I. -Al mile 

ij i ..iil.l she be in sight when this hap- 
pened .' 

tveen 
Q. — Is tin . 
recollect ' 

L. -^ cs -. one of the people took me by 
the collar, and said, "Damn you, where is 



your Pilot Doget." I answered he was 
discharged six weeks ago. He answered, 
''Damn your blood, you lie ;" and said they 
would find him, and [illegible] him alive. 

Q. — Did they suffer the Lieutenant to put 
on any clothes after he was wounded ? 

A. — No; he was in his shirt with his great 
coat over his shoulders, and a blanket round 
his body. 

Q. — Was any other person wounded ex- 
cept the Lieutenant ! 

A. — Yes : one in the head. 

And 1 further declare, that when Lieuten- 
ant Duddingston came on deck, I saw him 
go and stand by the starboard foreshrouds, 
in his shirt, with a pistol in one hand and a 
hanger in the other. After lie was wounded 
lie got alt and sat down by the cabin com- 
panion way, when the two ringleaders, with 
a number following them, came lo him and 
said, ''Now you piratical rascal, we have got 
you. Damn you. we will hang you all by 
the laws of < treat Britain. 1 >amn you, what 
made you lire when we answered you that 
the head sheriff was in the boat." The Cap- 
tain V B. The head sheriff and captain are 

ii.i.n ames that the c o ringleaders went 

by) said, ''Stand aside and let me despatch 
ih" piratical dog.' 1 He then lifted a hand- 
spike over Mr. Dudding ton' head who ask- 
ed "if they would give no quarters." Tin y 
answered. " No.'' He then desired they 
would let me bind up his wounds, for he was 
shot, and showed them the wound in his left 
arm. They then said. : 'Damn your blood, 
you are shot by your own people." He was 
then taken down into the cabin by seme of 
the mob. They then pinioned me and put 
me into the boat, where I remained for half 
an hour, when one of the mob called to their 
people in the boat to loose me for the Lieu- 
tenant wanted me. I went down in the cabin 
to him. He was laid on the alter lockers, 
and one of the mob washing and binding up 
his wounds. The mob then go1 him on deck 
and put him in a boat and put off Soon af- 
ter, I was ordered into the boat again, and 
put off. In going onshore I saw a negro 
with the Lieutenant's hanger ; being asked 
by another how he got it, he said he took it 
from the Captain. 

I Ii M ' down in the cabin with I lieutenant 
Dudding ion. the ringleaders and someofthe 
principal of the mob demanded his papers 
and orders for his proceeding in such pirati- 
cal manner. 1 then showed them the com- 
mission from the Lords of the Admiralty, 
with all his orders and instructions that lie 
had received from the Admiral, which they 
took and carried away. In goingashore one 
of the mob that rowed the boat said, that he 
and several more would not have been there, 
but that they wer i I tl en out of a house by 
,] ic) beat a 

drum round the town of Providence in the 
evening to rai e a mob. 

W DICKINSON. 



14 



Province of Massachusetts Bay, 

Suffolk, bc. Boston, June 1 1, 1772. 

The above named William Dickinson 
personally appearing, maketh solemn oath 
to the truth of the foregoing deposition, as 
wrote upon this and the six preceding pages. 
which is taken at the request of the Honora- 
ble John Montagu, Esq. 

Before me, EDMUND QJJINCY. 

Governor Wanton's reply was as follows: 
Newport, June 12, 177J. 

Sir: — I have this moment received your 
honor's letter of yesterday upon the destruc- 
tion ofhis Maje ty's schooner Gaspee. Up- 
on the first information of this unhappy af- 
fair, which gives me, and every friend to 
government, the highest concern, 1 called to- 
gether all the members of the General As- 
sembly that 1 could conveniently, who unan- 
imously advised me to publish trie proclama- 
tion of which 1 enclose you a copy. 

I h:i\ e not, as \ et, I" en able to collect all 
the circumstances of this daring insult upon 
authority, so ai to give you a perfect idea of 
it, but by the e\ idi nee ofthree of the people 
of the Gaspee, taken before his honor the 
deputy governor, copies of which I transmit, 
you will perceive that there is a material dif- 
ference between them and the account given 
by Win. 1 >ickinson. 

You may n (y upon the utmost and con- 
tinue,] exertions of the officers of this Colony 
to detect and bring to justice the perpetrators 
of this violent outrage. 1 have the pleasure 
to inform you that Lieutenant Duddingston 
is in a fair way of rem ery. 

I am, sir, your honor's most obedient and 
most humble servant. J. WANTON. 

His 1 lonor Admiral Montagu. 

On the 12th, Lieutenant Duddingston had 
so far recovered as to be able to write to Ad- 
miral Montagu a letter, containing his ver- 
sion of the affair, of which the following is a 
copy. In perusing it. it should be borne 
in mind, that both he ami Ins midshipman 
Dickinson had every inducement to repre- 
sent the circuin lances as favorably to them 
.eh e/ a ill' \ could. 

Pawtuxet, l-'ili June. 177:.'. 

Sib : < 'n \\ ednesday morning, aboul one 

o'clock a In: Maje ly's seho sr was lying 

upon a spue of in. I called Nancutf, the ci n 
tmel- di eo\ en A a number of boats coming 
down the R iver towards u . As soon as I 

was acquainted with it. I came upon dec]; 

and hailed the ho. its, forbidding them i mi 

near tin- schooner, or I should order them to 
be fired upon. They made answer, they had 
the hct ill' with them, and must come on 
board. 1 told them, the . heriff could not he 

admitted on board at thai tune of nighl 

which they set up a hallow ami rowed a fa 
a thej could towards the ves el bow: . I 
wn ■ then n ting every means in my power to 



get the guns to bear upon them, which i 
could not effect, as they came right ahead 
of the vessel, she being aground. 

1 then ordered the men to come forward 
with their small arms and prevent them from 
boarding. As I was standing myself to op- 
pose them, and making a stroke with my 
sword at the man who was attempting to 
come up. at that instant I found myself dis- 
abled in my left arm, and shot through the 
groin, i then stepped from (lie gunwale with 
an intention to order them to retire to close 
quarters, hut soon saw that most of them 
were knocked down, and myself twice, (after 
telling them I wa mortally wounded.) They 
damned me, and said I was not wounded; 
—if] was, my own people had done it. As 
loss of blood made me drop down upon.'deck, 
they ordered me to beg my lite, and com- 
manded the people to surrender. As 1 saw 
there was no possibility of defending the ves- 
sel against such numbers, who were in every 
respect armed ami commanded with regu- 
larity by one who personated the sheriff, 1 
thought it besl for the people's preservation, 
to propose to them that 1 would order them to 
surrender if they assured me they should not 
be hurt, which thej did. 1 then called out, 
which was immediately echoed by the peo- 
ple round me. that 1 had given them orders 
to surrender. They hurried all the people 
below and ordered them up one by one and 
tied their hands behind their backs, then or- 
dered them into different boats. I then beg 
ged they would either despatch me or sutler 
my wounds to he dressed ; upon that they al- 
lowed my servant to be unbound to get me 
things lor dressing, and earned me below. 
But what was my surprise when I came down 
in the cabin, two surgeons were ordered down 
from the deck io dress me, who were furnish- 
ed with drops and began to scrape lint for 
that purpose. During tins time I had an op- 
portunity of observing the persons of about a 
dozen, who were in the cabin. They appear- 
ed to me to be merchant-- and master of 
vessels, w ho w re at my bureau re, .aim Uil | 
examining my papers. They promised in 

let me have the schooner's 1 ks ami my 

clothes ; instead of which, as thej were hand 

ing me up to go in the I I they' threw them 

overboard, or into eon I ' tin. boats. I was 

soon afterwards thrust into a boat, almost 
naked. During the time they were rowing 
me on shore, I had an opportunity of observ- 
ing the boat, winch appeared to me to he a 
very large lone- boat. I sew by the man 
who steered her a cutlass l\ ing h'v him. and 
directing the men to have their arms ready. 
\ soon as Iheyputoff, the Sheriff gave them 

orders In laud me on some neck, anil the boat 
to come oil' immediately, and told me if] Jid 
not consent to pay the value of the rum I 
must not expeel to have any thing belong 

•o lie' saved. 1 made answer, whatever re- 
paration law would give, I w.i ready and 
willing: as to my thing- they mii'ht do with 



15 



them as they pleased. They were accord- 
ingly going to land me on this neck, which 
I told them they had better thro-.v nie over- 
board. One man, who had a little more hu- 
manity than any of the rest, said they had 
better land me at the Point of Pawtuxet. 
A I was unable to stand, they unbound five 
of the men and gave them a blankctto carry 
me up. When 1 was half way on shore I 
heard some of the schooner's guns go off, 
and heard the people say she was mi tire. 1 
hail not been carried tar when the people 
exclaim'd, I was on an Island ; and they saw 
no house — on which they laid me down and 
went in quest of one. Soon after they came 
to acquaint me they saw one, which I was 
carried to ; a man was immediately des- 
patch^! to Providence for a surgeon. A lit- 
tle after the people joined me with the mid- 
shipman ; all of whom that 1 could persuade 
are sent on board his Majesty's sloop Bea- 
ver. The schooner is utterly destroyed, and 
every thing appertaining to her, me, and the 
schooner's company. If 1 live, 1 am not 
without hope of being able to convict some of 
the principal people that were with them. 
The pain with the loss of blood rendered me 
n ip l'!c of informing you betbre of the par- 
ticulars. There are none of the people any 
ways wounded, but bruised with handspikes. 
[ am. sir, your most humble servant, 

W DUDDINGSTON. 

On (he receipt of this, Admiral Montagu 
addressed the following letter to Governor 
Wanton : 

Boston, loth June. 1772. 

Sin: — By return of express I am favored 
with your Excellency's letter, ami tun much 
obliged Ibr the part jam havi taken in en- 
deavoring to find out and bring to justice, 
those rebellious, lawless, and piratical people 
uho were concerned in wounding the King's 
Lieutenant and burning his schooner. 

[t will not hear a dispute lint that they be- 
longed to Providence, as they were heard by 
four of five gentlemen that were in the town, 
ami are imu here, beating the drum to arms 
to raise a body of people to destroy the King's 
schooner. I have perused the depositions 
which your Excellency inclosed, and al- 
though thej differ in words, yet the matter is 
much to the same purpose. 

I have, since I received yours, received 

one from Lieutenant Duddingston, whose 
account nearly agrees with the other, with 
this addition only . that when he was carried 
down to his cabin, after lie was wounded, lie, 
to his gnat surprise found two surgeons that 
came off from the shore in the boats, ready 
to drei Ins wounds, with drops and scraping 
of lint, and at leasl a dozen of these people 
who were ill the cabin, which were at lis 

bureau reading and examining his papers, 
appeared to him to he merchants and mas- 
ter of vc els. It givei ine plea ure to hear 
'.he Lieutenant is in a fair way of recovery. 



I am your Excellency's most, obedient and 
humble servant J. MONTAGU. 

His Excellency Gov. Wanton. 

Gov. Wanton transmitted the following ac- 
count of the transaction to the Earl of Hills- 
borough, on the 10th of June : 

Newport, Rhode Island, i 
June 16, 1772. \ 

My Lord: I had the honor to write your 
Lordship on the 20th inst. I am now re- 
duced to the necessity of addressing your 
Lordship upon a most disagreeable subject; 
the destruction of the schooner Gaspee, un- 
der the command of Lieutenant W. Duddings- 
ton, by persons unknown. The particulars re- 
lating to this unwarrantable transaction, so 
far as 1 have been able to collect them, are 
as follows : 

On the 19th inst., she run aground on a 
point of land called Namquit, a little below 
Pawtuxet, on the Narragansett River, within 
this Colony. About three quarters of an 
hour after 12 o'clock at night, there being 
but one hand on deck, six or seven boats, full 
of men, were by him discovered drawing to- 
wards said schooner; and before many of 
her hands had time to get upon deck, was 
boarded by the people in the boats, who, as 
soon as they had secured the possession of 
the schooner, took out the captain and all 
the people and set them ashore on the main 
land. After which they set lire to the schoo- 
ner. In the attack, Wm. Duddingston was 
wounded by a ball through Ins arm. from 
whence it passed and lodged in some part of 
his body. Mr. Sessions, the deputy "< i n 
or of this Colony, immediately upon hearing 
of this unhappy affair, went to Wm. Dud- 
dingston, and offered him all the help and as- 
sistance in his power, but Mr. Duddingston 
said he wanted no favors for himself. The 
deputy governor then told him that he came 
not only to offer him any relief his distressed 
circumstances might require, but also to ._rain 
a declaration from his own mouth respecting 
the destruction ol the schooner under his 
command, that proper and rigorous measures 
might lie taken to discover and bring the 
perpetrators to justice. Mr. Duddingston 
answered, he would give him no account be- 
cause of his indisposition, and also, because 
it was his duty to forbear any thing of that 
kind, till he had done it to his commanding offi- 
cer, at a court martial, to which, if he lived, he 
must he called, but if he died, lie desired it 
might all die with him. The deputy gov- 
ernor, with the consent of Mr. Duddingston, 
then proceeded to examine a number of his 
men. an. 1 on the 11th transmitted copies of 
the most material of the examinations to me ; 
upon the receipt whereof, I immediately con- 
vened such of his Majesty's council and the 
lion e of deputies as could be seasonably no- 
tified, and laid before them the proceedings 
of the deputy governor, which they highly 
approved of, and unanimously recommended 



[6 



aing a proclamation, with a reward of 

, the discovery of any of ihe 

persons concerned in this violent insult upon 

ii in. which I cheerfully complied 

with, and sent them into the several towns in 

this < lolony. 

This transaction gives me the utmost un- 

and your Lordship may be assured, 
thai the utmost vigilance of the civil autho- 
rity will not be wanting to bring the perpe- 
trators to exemplary and condign punish- 
ment; and injustice to the inhabitants of the 
Colony, I must not omil mentioning, that the 
conduct of those who committed this outrage 
h. by them, universally condemned. 

my Lord, those officers who have 
lately been sent into this Colony, under a 
pretence of assisting trade, hail conducted 
with that temper, prudence and discretion 
which persons entrusted with the execution 
of the laws ought, upon every occasion, to 
manifest. In my last, I informed your Lord- 
ship, that the inhabitants had been insulted 
withoul any just cause, and I am extremely 
sorry that 1 have still reason to say, that the 
trade of this Colony is interrupted in a most 
unprecedented and oppressive manner, with- 
oul contributing, in the least, to tin service 
of the revenue. Inward bound vessels have 
In .-ii detained several daj - « ithoul the leai t 
color ible pretes t. and then delivered up. < )ne 
from South K ingstow a, for liavi n boat .1 

tantitj "i tobacco ol the growth of 
i i iy. which the owner was transport 

in" to Mew [mi t for a market ; i tlier for 

having only three or four dozen wine laid in 
by the Captain for sua .-tores. The small 
freight boat t plj ing between the 
towns with the produce ofthe Colony, are, hy 
the "- erity of these officers, subjected to 
greal inconvenience, which very sensiblj af 
feels the whole Colony, particularly the town 
of Viewport, its metropolis, whose inhabitant 
an- principally suppliedwith the necessaries 
of life by water, and the ob trui tions they 
now experience have contributed not a little 
to enhance the price of fuel and provisions. 
to the great disadvantage of the town; and 
in my humble opi m, ii uch men 
permitted to be pursued, the < lolony will ere 
long be i ". oh : in the dcepei t calamity. 
These, my L rd, arc ;eriou i and important 
our I lOrdship, from your thor- 
ough i.iiou ledge of the < Jolony, must be per- 
fectlj a; in tinted v, ith the nature and extent 
of out trade, ihe profits of which ultimately 
centering in < (real I tritain, for the purchase 
of her manufacturci I ha\ c no room to doubt 
of your Lordship's interposition in behalf of 
tin t 'olony. that all cause of complaint against 

anj of the King's officers stati id here may 

be removed, and the inhabitants treated with 
that respeel which is due to th subject - ol 
hi I Iritanic Maje sty. 

pi oof, my Lord, thai the trade of this 

I inde upon as fair and legal a fool 
tradi of any pai : of hi Majestj '.- 



dominions, out of two hundred sail of vessels 
which have entered this port since the first 
day of March last, only two in that number 

have been prosecuted and c leraned for 

bri nil ol acts of trade, one of which belongs 
to the Massachusetts Bay, notwithstand- 
ing they have been searched and rummaged 
with the greatest severity. These two ves 
eels, although seized and condemned here, 
\\ i re i ni h', Capt. I linzee, of the Bea\ er, 
and Lieutenant Duddingston, to Boston, tor 
sale, in direct opposition to the orders ol* the 
court of Vice Admiralty within this Colony, 
and the marshal of said court prevented hy 
force from libelling one of these vessels for 
payment of the mariners' wages. 

The e, my Lord, are but a few of the ma- 
ny grievances which the people of this (.'ol- 
ony have been for months past harrs 
i i rpli ed with ; but as the General Assem- 
bly will be convened, 1 make no doubt they 
will order a more particular remonstrance to 
be made. In the meantime, permit me, my 
Lord, to implore your attention to the com- 
plaints of a much abused and injured people, 
whose loyalty and affection to their Sove- 
reign claims your Lordship's countenance 
and patronage. 

I am. with the greatest respect, my Lord, 
your Lordship's most obedient humble ser- 
vant, J. WANTON. 

The Rig : tin Earl of Hills 

borough. 

There is Mule room to doubt but thai Gov. 
Wanton and the officers of the colony would 
have been satisfied thai the authors of the 
mischief should remain undiscovered ; al- 
though their duty as officers, and their inter- 
ests required them to exhibit a great zeal and 
loyalty on tin occasion. On the other hand, 
Admiral Montagu and his brother officers in 
the Navj and l!>\ enue, were incere in their 
exertions to bring the perpetrators to con- 
dign punishment, 'flu i appears from the fol- 
lowing letter : 

Boston. 8th July, 177:.'. 

Sir: — By express lasi night from Capt. 
Linzee, ofhi Majesty's i loop Beaver, I re- 
cei\ ed the em lo ed account ; and. although 
it comi from n negro man. it carries with it 
the appearance of truth, as it o 
circum tances with Lieutenant Dudding ton 
letter, (tome. I and also with the deposition 
of the midshipman of the (la pee; add to 
iln i, a man belonging to Lhc < faspee, v, ears 
to this negro', being in the boat that put him 
ashore, and challenged him as nun a he aw 

.. m board the Bea^ er. The e coi i obo- 
inces put ii out of all doubt 

with me that he was actually concerned in 

taking and burning the King' schooner. And 
as he ha impeached n era] other i that were 

'ii mil in thai piratical act, 1 am to beg 

your Excellency, will get tnc people men- 



n 



tioned in the enclosed account apprehended, 
thai they may be examined before you, in ihe 
pr ence of Lieutenant Duddingston, who, 1 
dare -a_\. will remember the person of the 
that dressed Ins wounds, and may 
possibly recollect the persons of Potter and 
Brown, who appear to me to have been the 
ringleaders in destroying his Majesty's schoo 
ner. is this affair was transacted in your 
Exi ellency's government, 1 must totally rely 
nn j ou to have these people secured and ( if 
efficient proof against them) brought 
tn justice. 1 doubt not hut that you will exert 
yourself a i much as in your power, and I 
flatter myself, that, with your assistance, the 
King will have justice done him, and the of- 
fenders brought to punishment, which 1 hope 
will in future prevent the King's officers from 
being upon all occasions insulted, and check 
the lawless and piratical behavior of the peo 
pie ol Rhode I I md. 

ir, your Excellency's most obedient 
J. MONTAGU. 

His Excellency Gov. Wanton. 

I'. S.— 1 shall be glad your Excellency 
would inform me whether this acl was com- 
mitted on the high seas or in the body of the 
county; if, on the former, I doubt not but, as 
one of the commissioners, you will use eve- 
r\ proper method to get them apprehended, 

that they i be tried, [f you should think 

it proper to take the negro's di po iti n 

oath, I should 1»- glad you would suffer a 

proper person ti i board the Swan to 

take it. and that you will favor me with a 
copy nl' it. 

■\,ir i i, a negro man, has declared that he 
in Providence, tin 1 evening his Ma- 
! ionei Gaspee was burnt, towards 
VVarren, where he met a man called Potter, 
nt Bri tol, in a iow ing boat, with eight men, 
arm oil with pistols, guns and clubs : the said 
Potter desired him to go with him. In con- 
sequence of Potter's desire, I rowed by his 
boat until 1 came within a quarter of a mile 
of the King's schooner, that was on shore on 
a spite of sand. I then got into Potter's 

I t by ln~ desire ; ho told mo with others. 

thai In' was to join other boats that wa ■ com 
no' down from Providence, m order to burn 
' -schooner that lay on shore. In 
about half an hour after, we joinei 
teen boats from Providence, commanded, as 
tin \ informed me, by John Brown. Imme- 
diately after the boats joined company, we 
rowed towards the schooner; before we 
came close to the schooner, they hailed the 
iid them coming on board : but 
notwith landing the officer of the schooner 
forbidding the boat.- to come on board, we 
had ordi rs to row up to the schooner, which 
we did immediately, and boarded her. [saw 
Brown tire a musket when in the boat un- 
der the hows: the captain of the schooner 
immediately fell from the place he v 

ii'tT on ; the surgeon that was ordered to 



dress the captain was a tall, thin man, called 
Weeks, of Warwick ; very soon after we got 
on board the schooner, the mens' hands be- 
longing to the schooner was tied behind their 
backs, and put in boats and put on shore. I 
rowed the bow oar in the boat that the cap- 
tain ciime on shore in; I think there was 
five people belonging to the schooner in the 
boat. The captain lay abaft all the oars; 
Potter, of Bristol, was m the boat, and John 
Brown, of Providence ; Brown steered the 
boal on shore; 1 had on a red and white 
spotted handkerchief tied on my head, and 
two frocks on my body. A list of five men's 
names, that was concerned in destroying his 
Maji stj 's schooner < iaspee : 

John Brown and Joseph Brown, principal 
men of the town of Providence; Simeon 
Potter of Bristol; Doctor Weeks, of War- 
wick; Richmond, of Providence. 

Instead of pursuing the course recommend- 
ed by the Admiral, the Governor took the 
following affidavits, going to discredit Aaron's 
statement : 

Samuel Thurston, of the island of Pru- 
dence, in the township of Portsmouth, in the 
count) of Newport, of lawful age, declareth 
and saith, that Aaron, mulatto lad of aboul 
16 year ol age no \ on hoard his Majesty's 
ship the Swan, commanded by (.'apt. Ays- 
cough, is an indented servant to Samuel 
Tompkins, of Prudence aforesaid son in-law 
to the s.od Samuel Thurston, which Samuel 
Tompkins hath lived in the same house with 
the declarant for many years past, and have 
jointly managed a farm together; that lie is 
fully persuaded, the said Aaron hath not 
been oil' from the said island for more than 
twelve months preceding the 2d day of July 
instant; in the night of which the said Aaron 
stole their boat, and went on board his Maj- 
e ty's -lap tie- Beaver; that particularly on 
the nighl alter the ninth of June last, being 
the ame night that his Majesty's schooner 
the ( Iaspee was burnt, he is well assured 
that the said Aaron remained in his bouse the 
whole of the night, he having seen him in the 
■ \. inn ! and early in the morning of the 10th 
at his work ; that at thai tune, there was but 
one boat at (hat end of said island, winch 
was then so much out of repair that the said 
declarant thinks she could not swim, and then 
lay bottom upwards in order to be refitted, 
being the same boat the said Aaron stole af- 
ter she was repaired ; that he, the declarant, 
thinks ii absolutely impossible, thai the said 
Aaron should have been, that night, any 
where near the place where the said schoo- 
ner was burnt ; and that the said Aaron re- 
mained at home from the said ninth of June 
until the said 2d day of July, and never, dur- 
ing that tune, gave him the least informa- 
tio . u fgestion orhint of having any know- 
ledge of the business of the said schooner. 
SAM'L THURSTON 



J8 



,, of Rhode Island, St., I 
Newport, July 10, 1772. S 
Personally appeared Samuel Thur ton. | om 
I Dple called Q ind nn his 

solemn affirmation, declared that the abovi 
written declaration is true, before 

J. WANTON, Governor. 

Samuel Tompkins, of the island of Pru 
dence, in the township of Portsmouth, in the 
county of New port, on oath di iclat - 
aaith, that Aaron, a mulatto lad of aboul 1C 

F age, now on board his Ylaji : , 
ship the Swan, commanded by < ' 

an indent! d er\ anl to the depo- 
nent; that he is fully pen uadcd 

Aaron hath not been off from the said i 1 i 

more than once or twice for twelve months 
preceding the 2d day of Jul) inst., in the 
night of which, the said Aaron stole a boat 
belonging to the deponent and his father-in- 
law, Mr. Samuel Thurston, and went on 
board his Majesty's ship the Bea' 
particularly on the night after the ninth ol 
June last, being the same night that his Maj- 
chooner the ( iaspee was burnt, he is 
well assured the . aid Aaron remained in hi 
house the whole of the night, ho having seen 
him aboul 9 o'clock that event ig, with the 
rest of tl ily, about 

which time they retired to bed; and, al o 
very early in the morning of the 10th, the 
said Aaron, accordin tal custom, 

brought the cows into the yard to be milked - 

thai at the tone there was but 

that end of the island, which w£.s then so 

much out of repair that the di ponenl i i < 

Bdent she could not swim, and then laj bot- 
tom upwards, in ordei to be i I being 

the one boat the aid Aaron stole alter she 
u;i repaired ; that he, the said 
thinks it absolutely impossible that the :aid 
Aaron should have been that night any 
where near the place where the schooner 
pei v, as burnt ; and that he, the : aid 
emained al home from tin 
ol June until the i aid 2d d ij of July . and 
never, during that tune, gave him the lea I 
information, tuggestion, ot hint ofhishaving 
any the least knowledge ofthe de truction of 

the said sell 

SAM I, TOMPKINS. 

( lolony of I! hode 1st ami, &c, t 

Newport, July 11, 1772. \ 

Mr. Samuel Tompkins per tonally appear 
ed and made i oleum oath to the (ruth of the 
above deposition by him sub; cribed, before 
J. WANTON, Governor. 

Somer el a mul tto, and Jack, 
indented ;ervants. living with Samuel Thurs- 
ton and Samuel Tompkin . on the island of 
l'i udence, in the township ol P 

the county of New port, ol lav\ ful :, on 

oath severally depose and say: That to their 

Certain knowle.hu>. Aaron, D inula I to lad, who 
is also an indented servant to the aid S ini 



uel Tompkins, and now, as they are inform- 
ed, on board of a man-of-war, has not been 
off from said island lor many months pre- 
ly of Jul) in t. : in the night 
the said Aaron stole a boat belong- 
ing to the said Samuel Thurston and Sam- 
uel Tompkins, and went on board a man-of- 
war ; that the said Aar.ni ha lept with the 
di ponents in the same bed for everal yi ars, 
and particularly on the night the schoonei 

I 

was al home, at the dwelling house of the 

said Thurston and Tompkins, and that he, 

Varon, la; i the one room and 

h the deponents the whole of that 

, n tired to bed together between 

nine and ten o'clock in ting; and the 

severally say that 
or had the leas! hint, or infi 
the stud Aaron ol In ha ring anj know ledge 
of the burning of the said schooner Ga pee, 
and that they are well assured that he knows 
nothing of the transaction. And til i di po 
nents further saj not 

The murk "of .^s^ SOMERSET. 
The mark of _|- JACK. 

Colony of Rn I land. iX c, ) 
New] nrt, July I 1, 1772. S 

:a tie i; e and appeared 

nami d .--.ener and Jack, and at' 
ter being cautioned to tell the truth, and 
nothi - but the I n oath to 

the above dep . hich they have 

before 
J. \\ UNITON, Governor. 

About the same time, Capt. Linzes, of tin 
Beaver, then lying in p. d 1 

following .1. po tition to be taken : 

The deposition of Patrick Earle. i 
age, late belonging to his M armed 

...■In loner Gaspei led i.\ i ,j :utenanl 

U illiam I luddingston, bul n 

dp the 1 leaver, command) d by John 
Ian/.... Esq. This deponent saith, that al- 
tera numberofboats boarded the, eel choo 
he lay aground, and the peoples' 
hand i were tied, lie, with . everal others, was 
put into the same boat that the captain was 
earned ashore in, and that he helped a ne- 
gro man. called Aaron Briggs, to row the 

bow ', winch negro is now on b -.1 his 

ship Beaver, who hath sworn that 
he. did row ho e with the bow oar, and fur- 
ther : .nth not. 

The mark of jxj PATRICK EARLE. 
Sworn in Newport 16th July, 1772. 
Before me, CHARLES BARDIN. 
Ju tice of the Peace. 

July 10th, ) he. Wan Idre ed the fol- 
lowing note to t 'not. Linzee Beaver: 
Newport, July 15th 

Silt: Having received information from 
the Honorable Admiral Montagu, th it 
a mulatto lad, on board his Maje : 



lit 



the Bcavcr. under your command, has con- 
fessed that he was concerned in destroying 
his Majesty's schooner the Gaspee, as she 
lay aground on Namquil Point, in the coun- 
': of Kent, within this Colon) ; and as il is 
highly necessary that this lad should be ex- 
amined by the civil authority concerning 
whal he knows of that affair, I have directed 

the Sheriff to in 1 request 

thai you would deliver Aai on into his en to- 
dy, in order to be brought on i bore, ilia uch 

I m c 'in a in > l' r had ami done in this 

matter as are agreeable to law. The K ing'e 
Attorney General will attend the examina- 
tion, and I : liould be glad if you, or anj of 
your officers, would likewise attend. If you 
areof opinion thai it is most for his Majes- 
ty's service to return Aaron mi 1 -d your 

i !ir lin ■' been e ■ amined, in tead ol 
committing him in jail, you may he a 
shall he done. Mr. Brenton also waits on you. 
■ : pin 'il matti r ol law t '■ ■ ■ ' 

service to you in this important affair. 
1 am, sir, your humble servant, 

J. WANTON. 
To John i ., \,.\ e, E q., commanding his 

hip the Beaver. 

It appears from the following letter from 

Lieutenant I kidding! ton to Admiral Mon- 

■r his personal saf ty 

ivcd : 

Sin : Thi da) i n i f the Sth 

inst., and am hardly able to give answer, 

painful situation 1 am in, nor is it 

mi to be ol the least 

ro ! have no doubt 

of his beiiij; in the boal with me, and it is 

h Irit I expected, thai the « fovi rnor would 

say he was an impostor; and I cannot help 

hi thai without I was able to retire 

i hould nol i .i i one night on 

shore, if I was cap ible to make oath to one 

of the peo] ed 1 beg this may be 

pi i\ ate till 1 as the ropy of 

the I* irmer letti le public to the 

b i Governoi | 

danger. 

m ' ' obedient humble ser- 
vant, W. DUDDINGSTON. 
Brenton's Point, near ( 

\eWj l| \ 



imunicated his pro- 
Vdmiral 



Admiral M 
i !ovei nor Wanton 
cccdings in n 

Newport, Jvi 

Sth in ' ' liave 
reci i\ ed to ;> ther i\ ith the informal] 

■ mulatto sen ant, relative to 
i ; on receiv ing 
1 pursued evi ry hum ure in my 
power to investigate and' lin. 1 out the truth 
of the vii i in his de- 

claration : for which end I caused to be ex- 
imini d on o ith unc of the familj h ith whom 



this declarant lived as a servant, persons of 
credit and established character, Who were 
separately examined,and whose testimony per- 
fect^ agreed in every circumstance on such 
examination, by which, and from the general 
had character of the declarant, I was fully 
convinced thai no regard could be had to this 
information; thai the declarant could not be 
present at the time when this oliencc was 
committed, as it is fully proved that he was 
at home, on an island near seven miles from 
the place where the di aster happened ; how- 
is i m olicitous that every inquiry 
should be made that might reflect light on this 
unhappy affair, I bad a conference with one 
of the Judges of tin' Superior Court, before 
whom this matter must finally come to be ad- 
judged, who gave it as his opinion, that it 

ab lutelj i isi ary thai this declarant 

should be delivered up to the civil authority 
to be properly examined. He therefore is- 
sued hi i warrant to take Aaron into his cus- 
I idy. ii the -Hue time 1 wrote Capt. Lin- 
zee a letter requesting him to deliver him to 
the Sheriff in order to his being examined, 
both which were treated by Capt. Linzee 
with greal contempt, and by him utterly dis- 
regarded. Whal could be his motives or 
i for such his conduct, 1 am not able to 
account for. It certainly is agreat contempt 
of the civil authority of this colony, who have 
the only jiower and jurisdiction to try all and 
every offence committed within the same, to 
refuse delivering up an offender, who. by his 
own confession, hath acknowledged his guilt, 
and what is . ufficient for his conviction, sup- 
posing whit he hath declared to be true, and, 
if i therwii e, he ought to be proceeded against 
agreeably to law, and punished according to 
in offence. 1 have transmitted to you the 
epo itions, by which I apprehend you 
will agree with me in opinion, that no depen- 
dence can he had on the declaration given 
by the informant, but must wholly be disre- 
garded. Villany of this kind is not new. — 
Wc have a recenl instance of this sort at 
home. Britain and others conspiring in the 
id manner to charge the officers of 
state with a crime that the whole world knew 
tld not possibly be guilty of. 

Tin schooner, when she was destroyed, 
lay aground in a narrow river near thirty 
miles from the main sea, and as all ports and 
haven are infra corpus comitatus, I am of 
opinion, that m tins case, the Admiral hath 
no jurisdiction. His Honor the Chief Jus- 
v ored me with his opinion on this 
matter, which herewith I enclose. When 
Aaron is delivered into the hands of the civil 
authority, whatever is legal and necessary 
will undoubtedly be done. I have advised 
with the King's Attorney, whose opinion and 
advic coincides with what 1 have written on 
I ol Aaron's declaration. 

I am your Honor'., most obedient humble 
servant.' J. WANTON. 

The Honorable Admiral Montagu. 



20 



The following was his answer: 

Boston. I.i September, 1772. 

Sir :— ] peci i\ ed j our letter dati .1 ' 

July, wiili three depos - em I" i d. 1 de- 

i i red an wering it till I had seen and exam- 

ini .1 v i ; thi black indi nti .1 ervant, who 

sin s hi was in one of tlie boats that boarded 
and burnt the Gaspee; and it is clear to me 
from many corroborating circumstanci thai 
he is no impostor. Sorrj I am that no re- 
gard can be had to his information in your 
opinion. In my opinion, the depositions your 
Excellency sent me prove nothing that con- 
futes any thing he has said. However, it is 
not in my power to do more than 1 have to 
bring the offenders to justice ; the whole must 
rest with you, who are upon the spot. 1 find 
the master of Aaron, the black, has arrested 
Captain Linzee for the detention of his ser- 
vant; therefore, as Captain Linzee has done 
nothing but by my orders, 1 have hailed him, 
and will keep the fellow. 1 did intend send- 
ing him to you, had not his master taken this 
step. I shall not trouble your Excellency any 
more on the subject of the < Saspee, but leave 
the re suit of the whole conduct of his Ma- 
jesty's good subjects at Rhode Maud to him 
ami his ministers, am! am, sir, your mosl obe 
client and humble i ei \ ant, 

J. MONTAGU. 

Governor Wan ion. 

Here ended the proceedings of the colony 
and the English Admiral in relation to this 
subject. Soon after the following papers ar- 
rived in this country from the government at 
home : 

[L. S.] GEORGE R. 

By the KINO. 

A PROCLAMATION . 
For the discovering and apprehending the per 
sons who plundered and burnt the Gaspee 
i cl ner, and barbarously wounded and ill- 
treated Lieutenant William Duddingston 
commander of the said schooner. 
Whereas, we have received information 
that upon the 10th day of June last, between 
the hours of twelve and one 111 the morning, in 
the Providence or Narragansett river, in our 
colony of Rhode Island and Providence Plan 
i ations, a great number ol pet on . armed 
with guns and other offensive weapons, and 

led by two persons, who were called the 
captain and head sheriff in several armed 
boat . attacked and hoarded our vessel call 
ed the < laspee schooner, then lying at single 
anchor in the said river, commanded by our 
Lieutenant William Duddingston, under the 
orders of our rear Admiral John Montagu, and 
having dangerously wounded and barba- 
rou |y treated the said \\ illiam I >uddingston, 

took, plundered, and burnt the said ; ih iei 

We, to the intent that said outrageou and 
heinous offenders may be di covered, ami 
brought to condign punishment, have thought 
lit. with the ad\ ice of our Privy I louncil, to 
issue this our royal proclamation. And we 



are hereby graciously pleased to promise, 
that if any person or persons shall discover 
any other person or persons concerned in 
the said daring and heinous offences above- 
mentioned, so that he or they may be appre- 
1 brought to justice, such discoverer 
shall have and receive, as a reward for such 
dii every, upon conviction of each ol the said 
offenders, the sum of Jive hundred pounds. 
And if any pi rson or persons shall discover 
either of the said persons who acted as, or 
railed then, elvi ot weri called by their 
said accomplices, the head sheriffor the cap- 
tain, so iliat they, or either of them, may be 
apprehended and brought to punishment, 
such discoverer shall have and receive, as a 
reward for such discovery, upon conviction 
of either of the said persons, the further sum 
of Jiv< hundred pounds, over and above the 
sum of five hundred pounds herein before 
promised for the discovery and apprehend- 
ing any of the other common oflenders 
above mentioned ; and if any person or 
persons concerned therein, except the two 
persons who were called the head sheriff 
and captain, and the person or persons who 
wounded said Lieutenant William Duddings- 
ton, shall discover any one or more of the said 
accomplices, so that he or they may be ap- 
prehended and brought to punishment, such 
iverer shall ha\ e and receive' the said re 
ward or rewards of five hundred pounds or 
one thousand pounds as thecase may he : and 
also our gracious pardon for his said offence: 
And the commissioners for executing the of 
li. e of Treasurer of our Exchequer, are here- 
by required to make payment accordingly of 
the said rewards. And we do herein strictly 

eli and command our Governors. Deputy 

Governors, Magistrates, officers, and all oth 
er our loving subjects that they do use their 
utmost diligence, in their several places and 
capacities, to find out, discover, and appre- 
hend the said offenders, in order to their be- 
ing brought to justice. And we do hereby 
command that this our Proclamation be print- 
ed and published, in the usual form, and al 
fixed in the principal places of our town of 
Newport, ami other tow ns in our said colony, 
that none may pretend ignorance. 

< riven at our Court at St. Jame: . the 
twenty sixth day of August, 1772, in the 
twelfth year of our Reign. 

( Jod save the Is ne' 

• ieorge the 'fluid, bj the i irace of < rod, 
ofGreat Britain, fiance and Ireland, King, 
Defender of the Faith, &c, To our trusty 
and well beloved Joseph Wanton, Esquire, 

Gover 'of our Colony, called the English 

• 'olouy of Rhode Island and Pin\ idence 

Plantal s, in New England in America ; 

our tru ty and well beloved Jame- Horse- 
inander, Esquire, our Chief Justice of our 
province of New York ; our trusty and well- 
beloved Frederick Smythe, Esquire, our 
i Jhief Justice of our I'm incc of New Ji i ;e\ ; 



21 



our trustv and well beloved Peter Oliver, 
Esquire, Chief Justice of our Province of 
Massachusetts Bay in New England; and our 
trusty and well beloved Robert Auchmuty, 
E q., our Judge of our Vice Admiralty Court 
established at Boston, with jurisdiction in all 
causes arising within the limits of our Colo- 
nics of New Hampshire, Massachusetts Bay, 
Rhode Island and Connecticutt : 

Greeting. 

Whereas, our armed schooner, called the 
i hooner, commanded by Lieutenant 
William Duddingston, under the orders of 
Rear Admiral Montagu, was stationed in 
Providence or Narragansett river, in or near 
to our Colony of Rhode Island and Provi- 
dence Plantations in New England, the said 
Lieutenant William Duddingston having 
proper commission and authority to seize to 
our use such prohibited and unaccustomed 
goods, as he should find carried in and on 
board any ship, bottom, boat or other vessels 
contrary to law, whereby the same is for- 
feited. 

And, whereas, we have been informed 
that very many ill disposed persons have 
dared, from time to time, in defiance of our 
laws and authority, to insult and otherwise 
hinder the said Lieutenant William Dud- 
dingston, in thi performance of his duty, and 
their boldness in that respect grew to so des- 
perate an height, that on or about the tenth 
day of June last, great multitudes of people 
wi re a sembled in our town of Newport and 
places adjacent in our said colony, by beat 
of drum, armed with guns and other offensive 
weapons, and led on by two persons, whom 
they called the head sheriff and the cap- 
tain, and so proceeded in warlike manner, 
with armed boats to attack our said schoo- 
ner, and having traitorously wounded the 
said Lieutenant, overpowered the crew, took, 
plundered and burnt our said vessel : We 
being desirous to be perfectly informed how 
so danng an attempt could 1"' concerted, 
prepared and carried into execution in the 
chief town of our said colony, the residence 
of the < lovernor and principal ma 
thereof, not only for the purpose of bringing 
the said offenders and their maintainers, aid- 
ers and abettors, to condign punishment, but 
also to the end. thai lit and speedy order may 
be taken for securing the future peace, obe- 
rlii n i and well government of our said col- 
ony ; and placing much confidence in your 
wisdom, diligence loyalty, and integrity, do. 
1>\ iia e pi csent . appoint yen. the said Jo 
seph Wanton, Daniel Horsemander, Frede- 
rick Smythe, Pi tt i I Hiver, and Robi 
unity, our commissioners to inquire into and 
report to us a full and true account of all the 
circumstances relative to the attacking, tak- 
ing and plundi rue 1, and burning i 
schooner, and to the a sembling, arming 
training, and leading the people concerned 
therein, and to the concerting and preparing 
the said attack, and of all other insult: and 



obstructions which have been given to the 
said Lieutenant Duddingston, or to our ser- 
vice in general in our said Colony of Rhode 
Island and Providence, Plantations, and of 
the causes which have occasioned so daring a 
violation of our laws and authority, and also to 
inquire and report what measures have been 
taken or used by the magistrates of our said 
Colony and other our good subjects therein 
respecting the same. And for the better ex- 
ecution of our royal will and pleasure there- 
in, we do hereby give unto you, the said Jo- 
seph Wanton, Daniel Horsemander, Frede- 
rick Smythe, Peter Oliver, and Robert Auch- 
muty, or any three of you, full power and au- 
thority to receive all such informations and 
advertisments as shall be brought unto you 
by or from any of our hiving subjects or oth- 
ers, touching the premises ; and, also, to in- 
quire, by the examination of witnesses on 
oath, which oath we do hereby give you or 
any of you full power, warrant and authority 
to administer, or by such other ways and 
means as you, or any three of you, shall, in 
your discretion, think lit, into the premises or 
any of them ; and we do further give you, or 
any three of you, full power and authority to 
send for such persons, papers, and records as 
shall be useful to you for the better carrying 
on the service hereby intended, willing and 
requiring you, the said Governor, the Deputy 
Governor, and all other our magistrates, of- 
ficers, and loving subjects within the said 
Colony, to be in all things helpful, aiding 
and assisting to you. and every of you, 
in the execution of this our royal commission. 
And we do further strictly charge and com- 
mand you, and every of you, that, in the exe- 
cution and performance of the powers and 
authorities to you hereby given, you and ev- 
ery of you, do carefully observe and conform 
yourselves to such instructions as shall be 
given and sent unto you, in writing, under 
our sign manual, and to report to us a full 
and true account of your proceedings herein. 
In witness whereof we have caused these 
our letters to be made patent. Witness our- 
self at Westminster, the second day of Sep- 
tember, in the twelfth year of our reign. 
By the King himself, 

YORKE. 

GEORGE R. 

[L.S.] 
Instructions to our trusty and well beloved 
Jo i | ib Wanton, Daniel Horsmander, Frede- 
rick Smythe, Peter Oliver and Robert Auch 
muty, Esquires, our Commissioners for en- 
quiring into the circumstances relative to the 
attacking, plundering and burning our armed 
schooner, called the Gaspee schooner, within 
our Colony of Rhode Island in America, on 
the tenth day of June last, and into the 
causes thereof, and of the violences and in- 
sults offered upon that occasion to our offi- 
cer.- employi d in our service : Given at our 
Court at St. James, the fourth day of Sep- 



23 



tembcr, 1772, in the twelfth year of our 
reign. 

Article 1st. With these our instructions 
you will receive our commii 

il ofGreat Britain constituting and 
appointing you our commissioners for enquir- 
ing into and making report to us of all the 
circumstances relative to the attacking, plun- 
dering and burning tin i hooner on 
the tenth of June last in the Narragansett 
river, within our Colony of Rhode Island, and 
tn the assembling, arming, and leading on the 
persons who made the said attack, and to the 
concerting and preparing the same ; to- 
gether with all such other powers and au- 
thorities as arc judged necessary for that 
purpose : You arc therefore to take upon you 
the execution of the trust reposed in you. 
and so soon as three or more of you shall 
have been ai embledal Newport, within our 
said Colony of Rhode Island, you are to 

it .-aid commission to he read and 
published in such manner and form, and with 
such solemnity as are due to the authority 
from which it proceeds, and the important oc- 
casion which it is issued, using your own dis- 
cretions as to all such other times and places 
of your meetings, ai cordi to what shall ap- 
pear to you, or the maj part i if you, to be 
nir.-i lit and pro] 

Art. 'id. You at (o u : your ul 
and diligence pun nam to the authoritie: and 
directions contained in our said commi ion, 
inmakinga very full and particular inepjiry 
into all the circum lances relative to die at- 
tacking, plundering, and burning our armed 
schoonei thi I (a pet on the tenth of June 

la.-t in the Varragansetl river, witl iur 

said Colony ol Rhode Island, and to the as- 
sembling, tinning, and leading on the per- 
sons who made the . aid attack, a alt o into 
the causes and occasions thereof, and into all 

thai have been taken by the civil 
ites in their respecth e ■ tations, foi 
the ill co\ i r\ and puni Fimenl of the perpe- 
trator of those heinous offences,and to those 
endsyou are to summon before you, all such 

! as you i hall think may be able to 

give any information touching the said ob 
jects of inquiry, and likewise t 'der till in- 
formations, depositions and examinations. 
which may have been taken and made in 

urit touching those matters or authentic 

copies thereof, to be laid before you, and to 
make a. report ton. by one of our principal 
Seen taries of State, of all your proceedings 
and of what shall appear to you respecting 

the lucl of the magistrates and people ol 

Island mi thai occasion. 
Art. 3d. And, whereas, the civil magis- 
tratei and officers within our sai 1 ( !o!ony of 

land, arc mini, ii ! with the power 
and authority to arre I anil commii to cut tod} 
such of the person i concerned in the plunder 

Ii inn ing the < (at pi e . choonei . and 
in the inhuman treatment of our officer u ho 
commanded her, ag tin it >\ horn any informa- 



tion shall lay, taken in order to the said of- 
fenders being sent to England to be tried lor 
that offence ; it is therefore our will and 
pleasure that you do, from time to time, com- 
municate to the said civil officers and magis- 
tch informations as you shall be aide 
to collect touching the persons concerned in 
that daring attack upon our authority and 
commi sion, to the end that they maj be ac- 
cordingly arrested and delivered to the cus- 
tody of the commander-in-chief of our ships 
< sels in North America, pursuant to 
such directions as we have thought St 
for that purpo e. 

Art. 4th. And whereas it is of importance 
u ith regard to the mode of procet ding 
against the said offenders that they should 
he exactly informed of the place where the 
offence was committed, It will therefore be 
your duty to take care in all your proceed- 
ings upon this enquiry, as well as in your 
reports thereof to us, by one of our principal 
Secretaries of Stale, to ascertain with the 
greatest precision whether the offence was 
committed and done within the body of the 
Colony, and if so, within what County or 
district thereof, if not so. in what other place 
the said offence was committed and done. 

Art. 5th. And whereas there may be rea 
son to apprehend, from the outrages which 
have been committed within our said colony 
of Rhode Island, by numbers of lawless per- 
sons, that insults may be offered to you ; It is 
therefore our will and pleasure that if tiny 
disturbance shall arise with a view to ob- 
struct yon in the execution of your duty, and 
any violence should in consequence thereof 

I tiered to you, you do in such case, give 

im liate notii e thereof to the con. 

in-chief of our forces in North America, and 

require of him to send such a militarj force 

into the < 'oloay as you shall judge 111 

for your proic. lion, and for the ti 

civil magistrates in supprei ing any tumults 

oi- noi- and preserving the public peace. 

I .It is our will and pleasure that you 

do lake an account by way of Journal of all 
\ our acts and proceedings in the t 
ol the powers and directions given to you. 
and that the reports which you are to make 

ii . bj : of our principal Secretaries of 

State, oi i pi . ling , be in w riting and 

igned by any three or more of \ ou. 

G. i:. 

These papers were transmitted to Admi 
ral Montagu, and senl by i to Gov. Wan- 
ton, by expre is : 

row, ! Ith Dcccmbei 
Sin: — Last night an express arrived with 

despatches from the Right II able my 

I .onk; Commi toners of the Admiralty, by 

v, hid] came under cover to me, the packet 
I send to you herewith. As it may be of great 
consequence, 1 have thought proper to charge 
Mr. Montagu, one of my Lieutenants, with it. 
In my despatches from their Lord Inns I 



23 



am directed to repair to Rhode Island to as- 
sist you and the rest of the gentlemen in the 

which 1 shall do as -non as you 

inform me that \ ou are ready, u ith the c - 

i : nei i proceed to business and deliv- 
ei thee immission, and the King's instructions 
to you, In the meantime, Captain Keeler, 
in his Majesty's ship Mercury, has my or- 
ders i" at i i you and receive any prisoners 
or person you maj send him. Permit mc 
to say. I should think d advisable to have 
the per: on i apprehended that I sent you an 
account of some months ago, which the in- 
dented mulatto informed and ha 
against. The mulatto remains on board 
with the Captain, and shall be ready to at- 
tend the commission whenever he is called 
for. 

As I find Captain Keeler is often made a 

pris :r from frequent arre ts he meets with, 

as well as insults when he comi shore, 1 

am to desire, in case the commission should 
time waai him, you will direct his 
cured from insults or arrests. 

Whenever you will favor me with your 
commands, you will had me ready to co-ope- 
ratewithyou in ever)' dun'/ for the King's 
sen ice. 

1 have the honor to be, sir,your mosl obe 
dient humble servant. J. MONTAGU. 

( iov. Wanton. 

P. S. ! un: i in" leave to recommend to 
you, as tirst in the commission, to appoint a 
time i :r the first meeting, and to L r ive notice 
to the other gentlemen named in the com- 
and me, and that you will make the 
timi liort as you can consistent with pro- 

per notice, tin- particular reasons. 

This led to the following correspondence 
before the opening of the session of the com- 

i li ,'. mber L4, i . < J. 
Sir :- 1 am favored with yours by Mr. 
i ether with despatches from the 

Right Honorable tin- Marl of Dartmouth, re- 
specting the destruction of tin 1 < I 
shall appoint a tune for meeting the com- 
liorised to inquire into the car- 
dial transaction, as soon as 
and give you the earliest intelligence 
thereof, in conformity to In Ma |e ty's orders. 
His Maj [nation I shall cause to 

be printed without delay, and sent into the 
several town; within the Colony. 
1 am your most humble servant, 

J. WANTON. 

1 Ion. uahle J. MONTAGU. 

\ i ,■ :: i , I leeember, 1 1, 1772. 

Sir: l'\ cxprei i from Admiral Montagu 

I lis moment received a letter from (he 

Earl of Dartmouth, advising of your being 

■ commissioners for inquiring into 

i m i ol burning the 
I have thought proper to give you 
this information, and that 1 shall fix upon a 



time for meeting the commissioners, and give 
you and the other gentlemen named in the 
commission, notice thereof without delay. 

I am, with real regard, sir, your most obe- 
dient servant, J. WANTON. 

The Honorable Peter Oliver, Esq. 

Roxburv, December 11, 1772. 
Sir. — I embrace this opportunity of ac- 
quainting you that I have received his Maj- 
esty's orders to attend you and other gentle- 
men commissioners for examining into the 
business and plundering the schooner Gas- 
pec. In obedience to which, I shall on no- 
tice, with all convenient despatch, attend you 
on that affair. I shall be glad to know when 
you think the gentlemen can be got together, 
with great respect, 
jfour Honor'smosl obedient servant, 

ROBERT AUCHMUTY. 
To i iov. Wanton. 

Newport, December 14, 1772. 

Sir: — 1 have received your favor by Mr. 
1 shall fix upon a time for meet- 
ing the commissioners appointed to inquire 
into the circumstances of destroying the Gas- 
pee ' liooner, and give you and the other 
gentlemen mentioned in the commission the 
earliest intelligence thereof. 

1 am, with esteem, your mosl obedient ser- 
vant, J. WANTON. 

Hon. Robert Auchmuty, 

December 21, 177:?. 

Sir : — When I received the. Earl of Dart- 
mouth's letter of the 4th of September, and 
in consequence thereof wrote you on the 14th 
inst, I was preparing to set out for the As- 
sembly, who were adjourned to meet that 
day at Providence, and therefore I had not 
then time to attend so maturely to his Lord- 
ship's letter as its importance required. The 
letter I received from Admiral Montagu, by 
the same express which broughtme the des- 
patches from Lord I Dartmouth, induced me to 
suppose I was authorized to appoint a time 
for the first meeting of the commissioners; 
but as Lord Dartmouth has signified to me 
that my associates in the commission are di- 
rected to repair to Newport, and by a vessel 
tins day from New York, 1 am informed that 
the Chief Justice of that Province and the 
Chief Justice of New Jersey have, engaged 
their passages, and will be here some time 
next week. 1 thought it proper to gi 
this information, ami that i am ready to meet 
you i eably to the royal instructions, when- 
ever it may suit your convenience to attend. 
As soon as a quorum can be got together, I 
shall, without less of time, notify Admiral 
Montagu, in obedience to the King's com- 
mand. 

I am, sir, your most humble servant, 

J. WANTON. 

Circular to the Judges Oliver and Auch- 
mutv. 



•24 



Newport, Dec. 22, 1772. 

Sir :— In obedience to the King's com- 
mand signified to me by the Right Honora- 
ble the Earl of Dartmouth, one of his prin- 
cipal Secretaries of State, I have caused to 
be printed his Majesty's proclamation for dis- 
covering and apprehending the persons who 
plundered and burnt the Gaspee schooner, 
copies of which I send you by express, which 
you are forthwith to affix in the most public 
places of the several towns within your 
county. 

I am, sir, your humble servant, 

J. WANTON. 

Circular to the Sheriffs of the several 
towns. 

December 21, 1772. 
Sir: — By a vessel this day from New York, 
I am informed that the Judges Horsemander 
and Smythe, have engaged their passages 
in the sloop Lydia, John Freebody, master, 
and will probably be here in about a weelc. 
I give you this information for your govern- 
ment. 

I am, sir, your most obedient servant, 

J. WANTON. 
Admiral Montagu. 

Boston, 28th December, 1772. 

Sir : — I am favored with your letter in- 
forming me the Judges Horsemander ami 
Smythe are expected at Rhode Island in the 
course of the week. If you will be pleased 
to inform me when you are ready to receive 
his Majesty's commission. I will take care 
to have it delivered agreeable to my instruc- 
tions. 

1 shall be glad to know whether you in- 
tend to proceed to business, or adjourn to 
any particular time, thai 1 may conduct my- 
self relative to his Majesty's service here, ac- 
cordingly. 

I am, sir, your most obedient humble ser- 
vant, J. MONTAGU. 

His Honor Gov. Wanton. 

Newport, Jan. 1, 1773. 

Sir : — The Judges Horsemander and 
Smythe arrived here last evening from New 
York, and are ready 10 proceed immediately 
upon business. A number sufficient to con- 
silium n quorum arc now assembled at New- 
port waiting to receive from you the royal 
commission and instructions, of which I have 
thought it proper to give you this informa- 
tion by express. 

I shall be glad to wait on you at Newport, 
and am, sir, your most obedient and humble 
servant, J. WANTON. 

Admiral Montagu. 

Newport, January 1, 1773. 
Sir: — The Judges Horsemander and 
Smythe arrived last evening from New York. 
This will be delivered you by express I send 



to the Admiral, and hope I shall have the 
pleasure of waiting on you this week, if your 
health will permit. My letter to Judge Oli- 
ver, you have, without doubt, sent him. I 
am therefore in expectation of seeing him 
every hour. I have only to add the compli- 
ments of the season, and am, sir, 

Your humble servant, 

J. WANTON. 
Judge Auchmoty. 

Newport, January -1, 1773- 
Sir : — The commissioners meet at 12 
o'clockthis day at the Colony house, at which 
time I expect the return of the express, when 
it is probable it will be determined whether 
it is proper to defer opening the commission 
until the Admiral arrives. Your attendance 
will be necessary. 

I am, yours, &c, 

J. WANTON. 
Captain Keeler. 

Boston, 2d January, 1773, / 
at 3 o'clock afternoon. $ 

Sir: — I am this moment favored with your 
letter by express, acquainting me the Judges 
Horsemander and Smythe are arrived at 
Newport and ready to proceed immediately 
upon business, and are therefore ready to re- 
ceive his Majesty's royal commission, which, 
by my instructions, I am to cause to be de- 
livered to them. I beg leave to inform you 
that my Captain left this place yesterday 
morning charged with the commission to be 
given to Captain Keeler, the senior officer of 
his Majesty's ships at Rhode Island, who has 
my orders to wait on you and know your 
pleasure, when he shall wait upon the com- 
missioners with it. He is also directed to give 
the commissioners all the assistance in his 
power, and to receive such persons, either 
prisoners or witnesses, as they shall send to 
him. He has likewise my directions to in- 
form the commissioners that he has some on 
board that can give information relative to 
the burning the Gaspee. as well as of the 
persons concerned in that affair, and he is di- 
rected to send them to the commissioners 
whenever they are pleased to demand them. 

As the season of (lie year does not admit of 
my coming to Rhode Island with my flag, 
and such ships as shall be necessary to as- 
sist the commissioners agreeable to my in- 
structions, yet if the commissioners shall 
think it right, and for the good of the service 
they arc upon, that, my presence is necessary, 
I shall he ready to set out the moment I re- 
ceive sui h notice from them. But I flatter 
myself they will be able to do so without me, 
as I have nothing to do but to receive such 
persons as may [illegible] from them. 

I am, with respect, sir, your most obedient 
humble servant, J. MONTAGU. 

Gov. Wanton. 



'.» 



The commissioners met at the State House 
inNewporton the fifth day of January, 1773. 
Their proceeding from day to day are 
minuted in their Journal : 
Colony of Rhode Island, &c. 

Proceedings had and taken by virtue of a 
royal commission under the seal of Great 
Britain, directed to the Honorable Jo eph 
Wanton, Esq., < iovernor of the English < !ol- 
onj of Rhode Island and Providence Planta- 
tions in New England in America; Daniel 
Horsemander, Esq . Chief Justice of the 
Province ol New Vml ; Frederick Smythe, 
Esq., Chief Jusiice of the Province of New 
Jersey; Peter Oliver, Esq., Chi f Justice of 
the Province of Massachusetts Bay, in New 
England , Etoberl Auchmuty, Esq., Jud eol 
the \ ice \'l alt; < iourl established at Bos- 
ton, with jurisdiction in all cases arising 
within the limits of the Colonies of New 
Hampshire, Massachusetts Bay, Rhode Is- 
land and < lonnecticut, coi iners ap- 
pointed for enquiring into and reporting to 
his Majesty a full and true account of the 
en. inn tances relative to the attacking, tak- 
ing, plundering and burning his Majesty's 
armed schooner called the Gaspi 
manded by Lieutenant William Duddings- 
ton, Esq., within the Colony of Rhode Is- 
land in America, on the \<K\i day of June, 
A. D. 1772, and for other purposes therein 
mentioned, ai the Colon) House al Mew- 
port, in Rhode I land, Tuesday the fifth day 
of January, A. IV 1773 the above commis- 
sioner being present. 

His Majesty's said royal commission, with 
instructions to said con tinder his 

Ma i ami sign manual, wi re de 

livered to the commissioners by Robert Kee- 

lei , I ■'. q., ci nander of his Maje I ■■. hip 

Mercury, which said commission was public- 
ly rind ami proclaimed. 

On the perusal of said instructions, the 
commissioners conceived that the presence 
of Rear Admiral Montagu, commander-in- 
chief of his Majesty's ships and vessels em- 
ployed in North America, is necessary for 
tlic furtherance of the present service. The 
li tter i\ a ihei eupon written and 
delivered by James Clark, onoofthe Secre- 
taries of the commissioners, to Captain Sim- 

n . in be by him immediately conveyed to 

Admiral Montasu. 

The commissioners then proceeded to take 
the usual State oaths, which were adminis- 
tered first l'\ Daniel Horsemander, Esq., to 
Joseph Wanton, Esq., and afterwards by 
him tn the other commis ionei i. The i om- 
then appointed James Brenton 
and James Clarke, Esqs., joint Secretaries, 
who were accordingly sworn truly and faith- 
fully to execute the dutie i oflheir office. 

a a. a mi in iin.ir.nN al ii ... loi k, 

then to mi el at 'I e I iolon; Hou c 



Wednesday, Jan. 6, 1773. 

The commissioners, met according to ad- 
journment. 

The commissioners determined that it was 
necessary that an advertisement be publish,- 
i d in the next Newport Mercury, giving no- 
tice that die said ccymmissioners had assem- 
bled and. wen; now daiiy sitting at the Colo- 
n\ House, in Newport, for the purpose of 
proceeding on and duly executing the said 
commis ion, and that they are ready to re- 
ceive information relative to the attacking, 
taking, plundering ami burning the Gaspee 
schooner on the 10th of June last, in conse 
quence of which resolutions, the following 
advertisement was ordered to be published : 

The public are hereby informed, that the 
honorable the commissioners appointed un- 
der the great seal of Ureal Britain, for in- 
quiring into the circumstances of attacking, 
plundering and burning his Majesty's schoo- 
ner Gaspee, under the command ol Lieuten- 
ant Win. Duddingston, on the 10th of June 
last, are now convened and continue to set 
every day, Sundays excepted, at the Colo- 
ny House, in Newport, in conformity to his 
Majesty's instructions: Wherefore, all per- 
sons who can give any information to the 
said commissioners relative to the assembling, 
arming and leading on the persons wdio 
made the said attack, and to the directing 
and preparing the same, are requested forth- 
with to give information thereof to said com- 
iii' sioners at the above mentioned place." 

The proceedings on said commission were 
then adjourned till to-morrow at 10 o'clock, 
i hen to meet at the Colony House aforesaid. 
Thursday January!, 1773. 

The commissioners met according to ad- 
orn nmeut. 

Present. Joseph Wanton, Esq., Frederick 
Smythe, Esq., Peter Oliver Esq., Robert 
Auchmuty, Esq. 

Governor Wanton laid before the commis- 
sion! rs four loiters which had passed be- 
iween him. Admiral Montagu and Lieutenant 
Duddingston, also one other letter, signed by 
Governor Wanton, and transmitted by him 
by order of the General Assembly of the 
Colony aforesaid to Rear Admiral Montagu, 
which letter.- arc prior in date to the attack- 
ing and burning his Majesty's schooner Gas- 
pee. which were read and put on tile. Sun- 
dry papers, leiiers.iuid depositions to the num- 
ber of twenty, containing the proceedings of 
the Governor and Deputy Governor of the 
Colony aforesaid relative to the burning the 
schooner, wen- delivered by Governor Wan- 
ion in the commissioners, which were also 
read and ordered on file. 

Governor Wanton informed the commis- 
sioners, that Mr. Sessions, Deputy Governor 
of the Colony, was in Newport and ready to 
attend the commissioners to give them an 
. -.- .a' .a' the -tee~- h • hoi taken in order to 
di covei .... ,.' .- •...- i, no destroy i J hi ilaj 
esty's schooner Gaspee. A message was 



26 



sent to Mr. Sessions requesting his attend- 
ance, who accordingly came before the com- 
- md wns by them requested t i 
give in writing, upon oath, a full and particu- 
lar accounl of the measures he had taken in 
order to the discovery of the persons who 
perpetrated the aforesaid crime, which he 
assured the commissioners he would do with- 
out In 3 of time. 

Stephen Hopkins, Esq.. Chief Justice ol 
said Colony, also appeared before the com- 
missioners and assured them he was ready 
and willing to aid and assist the commission- 
ers in the exercise of the power and autho- 
rity with which they are invested for dis. 
covering the persons who destroyed the Gas- 
pee schooner, &c. The commissi irs then 

requested Mr. Hopkins to give them in wri- 
ill and particular account of all the 
procei lings had and dour by him I 
eringand bringing to justice the persons who 
ommitted the aforesaid offence, and also 
what knowledg ■ information he had ob- 
tained of the assembling, arming, and lead- 
ing on the persons who perpetrated the 
same, which he also promised to do without 
loss of time. 

The proceedings on the commission w< re 
then adjourned till to-morrow at ten o'clock 
before noon, then to meet at the Colonj 
House aforesaid. 

Friday, Januarys, 1773. 

The commissioners met accoi lin 
journment. 

Present, Joseph W I Daniel 

Horsemander, E q., Frederick Smythe, Esq., 
Peter Oliver. Esq., Robert Auchmuty, Esq. 

Mr. Brenton, one of the Secretai u 
the present commission, was examined bj 
the commissioners touching the obstruction 
to the execution of a warrant issued bj Met- 
calf Bowler, Esq., on the 17th of July last, 
in order to apprehend the negro Aaron [hen 
on board his Majesty'- ship the Beaver, 
which examination was reduced to writing, 
sworn to before the commissioners, and or- 
dered to be riled. 

The commissioners thought it advisable to 
drier the examination of any ofthe witnesses 
respecting the burning of the < laspee, &c, 
until the arrival of Admiral Montagu at New- 
port, or they receive : swer from him to 

their letter written the 5th inst, a 
mitted by Capt Symonds. 

The proceedings on the commission then 
adjourned till to-morrow at ten o'clock in the 
forenoon, then to meet at the Colony House, 
aforesaid. 

Saturday, January '■•', 1773. 

The commissioners met according to ad- 
journment. 

Present, Joseph Wanton, Esq., Daniel 
I loi semander, Esq., Frederick Smythe. Esq,, 
Peter Oliver, Esq., and Robert Auchmuty 
Esq. 

Darius Sessions, Deputy Governor of the 
Colony of Rhode Island, attended the com- 



missioners with a declaration in writing con- 
taining a full and particular account of the 
measures he had taken in order to make a 
discovery ofthe persons concerned in the at- 
tacking and burning the Gaspee schooner, 
which was read, sworn to. and ordered to he 
filed. 

A letter was delivered to the commission- 
2 o'clock, P. M., then setting at the 
Colony House, by express, in answer to theii 
letter of forwarded by Capt. Sy- 
monds, which was read and ordered to be 
filed. 

The commis ioners immediately agreed 
to an answer, which was writti n a, cording- 
!;. and sent oil about 3 o'clock b) the imi 
expre -■. 

During the session of the commissioners, 
various letters passed between them and Ad 
miral Montagu. These will be given in the 
order ol time. 

Newpor r January 5, 1 773. 

Sir: — We, his Majesty's comm 
for enquiring into the attacking, burning and 
plundering his Majesty's schooner the Gas- 
pee, & ■■-.. being met at this place, in order to 
prevent thedelaj of business, thought proper 
to receive the royal commission and instruc- 
tions from Capt. Keeler, which, until yours 
of the 2d inst., we concluded would have 
been delivered by you. This day thi com- 
pi necl and published, and the 
insti actions carefully pci 
we find the (oil i 
that the} may be accordingly arre I 

i i the custody of the commander- 
in-chief of our .-hip- and vessels 10 North 
America, par. nam to such directioi 
have thought fit to give for that pur] 
By virtue ofthese words, we conceive, that in 
case an} person or persons should be arrested 
for the above mentioned crime, you an the 
hi to whom such prisonei s can reg 
ularly be delivered for safe custody; there- 
fore we think your attendance at Newport 
is absolutelj necessary. We are sorrj to 
give you this trouble, hut our duty, as we 
apprehend, obliges u I i do it. 

We an . sir, with great rei pect, your most 
obedient and most humble servants. 

Copy of letter forwarded to Admiral Mon- 
tagu by Capt. Symonds. 

Boston. 8th Jan., 1773. } 
I o'clock P. M. S 
Gentlemen :— I was last night favored 
with your letter \<\ Capt. Symonds, and as 
you are so desirous of having meal Rhode 
Island 1 shall, without you alter your opinions, 
set out on .Monday next. At the same time, 
give me le ive to observi to you. that my 
coming at the time i i attended vs ilh a "real 
- Ins Majesty's si r\ ice here and at 
and can answer no purpo 
have fully and properly directed the com 



27 



mantling officer in thai place in what man- 
ner he i - to acl relative to hi i ssisting the 
commi ■ iceiving the prisoners. 

^ ou : i\ by j our instructions you are di- 
rected to deliver to the c Ij of the com- 
mander in-chief of his Majc n ' hip and 

el " North Amei ica all such 
i in i ■ bi apprehended ; and Iherefori you 
are of opinion thai in that case, if any per- 
son or persons should be arrested for the 
cninc sel forth in j our commi :ion 1 am the 
only person to whom i uch pri son r can reg- 
ularly I"' dcliven d for safe custody : 

, er lo u hich I beg lea\ e to n (' r 
you in the sixth paragi apli ol my Lord ! lart- 

:i i!:' letter lo < fovernor Wanton, where 

you will i risoners are to be deliv- 

ered (o the care and custody of Rear \dmi- 
ril Montagu, or the conunander-in-i hief in 
North America for the time being, or to such 
iffir.er as he shall appoint to reci ive them." 
B my insti action from the Lords of the 
cted i" repair to Rhode 
I iland ;i soon ;i conveniently may be with 
such ol' his M : i 

ommand as 1 shall judge proper, 

i all the ai 1 

i to justice 

the nders. The whiter sea: on is so far 

'>!■. ance I my complj ing with 

that part ofmj order :. as it is ^ cry improper 
to mo\ e '1 large a ship as the Captain at 
■I ilie year, and without In 
le t ; 'i me lo enrrj on the sen ii e 
1 flatter myself there has been no d 
b owing in my nol coming v. itli the 

in for had i been thi re I ' ould 
ha\ e tendered ii in the i nine manner I ha\ e 
: 'linns. 1 ma directed, 
ire ready to n cen e 
it, in cause it to be delivered lo them. 

rertainly set out on Monday nexl it 
I ran complete my bu here I be 

■■:■■■.' J 

I am, v\ . illemen, your most 

I MONTAGU. 
To hi m at Rhode 

Rl 
1-lth January. 1773. S 

ilihough 

onable lime of the year, and 

r 1 ina directed by my in- 

I 

imc to this pi ice. and 

bom i the I .i :?, ird 

1 shall m will ni- 

I can to ) mi in 

the e> ecutio i of your commi ion. 

_ I flatten d myself I had given < ' iptain 

K ei ■ officer of his Ma jest) V 

mid not have re- 

■ atti ml, in. -r until I was able to 

i proper manner with the 



ships under my command, and at a proper 
ear. 1 doubt nol but what he 
would have faithfully put his orders in force, 
and have given you the same assistance I 
can posi ibly da now I am come. 

I have ordered Aaron, the Negro, to be 
* the wharf agreeable to your sum- 
mons, who will he delivered to your officer, 
and 1 am to desire, when you have done with 
him, the civil officers may be directed to see 
him safe to the boat again. 

entlemen, your most obedient and 
humbl i servant, J. MONTAGU. 

To Hi Majesty's commissioners at New- 
port. 

rLlzZARD, 10th January, 1773. 
Gi vri emen:— As 1 am informed there is 
a ship bound to England, I shall embrace 
the opportunity of writing to my Lords ( lorn- 
miss :rs of the Admiralty, acquainting 

them ni my proceedings, as also of the im- 
probability of my remaining here, to assist 
the commissioners, until 1 can come in a 
proper manner, at a proper season of the 
year. 

. wheth- 

iia Dud- 

dingston i- necessary, that 1 may apply to 

their Lordships for his being sent out as soon 

as convenient. 

\- the business of the naval department 
is totally at a stand, and cannot be ear- 
ned on without 1 bad my ships here, I 
propose returning to Boston on Wednes- 
day next, and shall, al a convenient time of 
the year repair to this place again agreeable 
lo my instructions from their Lordships. In 
(lie meantime I shall lake care to leave such 
ord t with the senior officers of his Majesty's 
will answer every purpose of my 

IS ill" 

before I go, lay before you the 
nami sol Mime persons who can give you in- 
formation relative to the assembling the peo- 
ple concerned in burning the King's schoo- 
ner. 

beg your answer, as I cannot close 
my letl i to the Admiralty until I receive it. 

entl in your mosl obedient hum- 

J. MONTAGU. 
Majesty's commissioners assembled 
■ poi l. 

Ji I n Andrew, Esq., Judge of the court, of 

\ ice Admiralty within the I lolonj of Rhode 

Mr. Arthur Fenner, Clerk in the 

ii C mi i in the county of Providence ; 

in I ni' 1 . George Brown, and Dan- 

1 itchc ick. A Itornej s al I ,aw in the town 

of Providence; James Sabin Vintner, in the 

town o|' P| ,\ id, ■nee. 

Il is the de- ire of Admiral Montagu that 
the above named persons may be summoned 
Mined before the commissioners re- 
lativc to the assembling of people in the town 
of Providence, in the evening of the 9th of 
June last as a measure necessary towards 



the discovery ol' the persons concerned in the 
burning his Majesty's schooner the Gaspee. 
.1. MONTAGU. 

Council Chamber, Newport, } 
January, L6th, 1T73. s 

Sir: — Yours of the 14th instant we should 
have answered yesterday, but the weathi r 
was so extremely had as in prevent the com- 
missioners meeting. You remark to us your 
coming here at a very unseasonable time, 
and not in the manner as yon are directed 
by your instructions, to which you an 

ble we are not utter strangers, nor v, a it 

intention in writing to yon to infringe in the 
leastupon the same. As we have already 
informed you how our instructions air word- 
ed, we omit a repetition of the same, but beg 
leave to refer you to the last paragraph in 
the commission, by which you will perceive 
thai we are expressly charged to conduct our- 
selves by such instructions as we should re- 
ceive under the signet ami sign manual, ami 
agreeable to which we have acted. 

We have no doubt hut Capt. Keeler would 
have punctually obeyed your orders. The 
difficulty did not arise on that head, hut from 
a conviction of the irregularity of departing 
from our instructions. 

We shall he much obliged I" you when 
convenient, if you would attend us as a board, 
having some questions to ask you relative 
to the information Lieutenant Duddinirslou 
gave you concerning the burning and destroy- 
ing the Gaspee. 

To the Honorable Admiral Montagu, com- 
mander-in-chief of His Majesty's ships, &c, 
in North America 

Council Chamber, Newport, t 
January 16, 1773. ^ 

Sir: — After repeatedly informing you of 
our instructions, and also in our last of a cer- 
tain paragraph in our commission, copies of 
both which you have, and our sense of the 
same we submit the construction of your or- 
ders from the Lords commissioners ol' the 
Admiralty entirely to you. 

In our last, and before we received yours 
of this day, we had desired your attendance 
in order to give us an account of what Lieut. 
Dudding'ston had related to you concerning 
the burning and destroying the Gaspee. 

Weshallhe always ready to receive anj 
information from you relative to the business 
we are met on, and are, sir. 

Your most obedient humble servants. 

To the Honorable Admiral Montaj i 
mander-in-ehief of his Majesty's ships in 
North America. 

Newport, 19th January, 1773. 
Gentlemen : — As an opportunity oiler- 
for sending to England, I am willing to em- 
brace it, to inform my Lords commissioners 
ot the Admiralty of my arrival and proceed- 
ings at this place. As vnu were pleased to 



signily to me your intention of writing upon 
the subject of adjourning your court, I shall 
be glad to receive it as soon as possible, that 
1 may close my public letters, as I propose 
leaving this place to-morrow morning. 

1 am, with respect, gentlemen, your most 
obedient humble servant, 

J. MONTAGU. 

His Majesty's commissioners, &c, &c, 
at Newport. 

Council Chamber. Newport, } 
January 19th, 1773. $ 

Sir: — In our last conversation with you, 
you were pleased to inform us that by re- 
port Capt. Duddingston had made such de- 
clarations relative to his recollection of the 
persons concerned in the destruction of the 
Gaspee that his testimony would he very 
material in our present inquiry, and from the 
language of Air. Duddingston's letter to you, 
which you laid before us. we must be of the 
same opinion, as it is our determined resolu- 
tion to do all in our power faithfully to exe- 
cuti the commission his Majesty hasthought 
lit lo honor us with; we must request of you 
to take Buch measures as you think proper to 
•jet i 'apt. Duddingston to America, in order 
that he may he examined. 

In the s one conversation you also informed 
us that at tins inclement season of the year 
it was impossible for you properly i" execute 
your orders relative to the affair we are now 
met on. ami (hit the other duties of your de- 
partment must suH'er if you did not very soon 
return to Boston, and therefore it was your 
determination to go thither to-morrow, or 
next day. if possible. 

Your absence from us, youare sensible, as 
we construe our instructions, and as we yes- 
terday informed you, must male an adjourn- 
ment of this hoard necessary. Indeed, with- 
out this difficulty, it is highly probable we 
should find ourselves under a necessity of 
adopting the same measure for the want of 
I 'apt. Duddingston, ami from the extreme 
rigor of the season, which renders it almost 
impossible to get witnesses who are at any 
distance from us. 

We are. with great respect, your most 
obedient and humble servants. 

P. S. — Though the time to which the emu 
mi sioners will adjourn is not absolutely 
fixed, yet it sei ms to he their opinion that it 
ma t he mi or about the 26th of May next, 
which they hope will be agreeable to you. 

According to the preceding journal of the 
commissioners, two or three letters which 
[Kissed between them and the Admiral are 
wanting to complete the file of the correspon- 
dence. During their session they examined 
several witnesses, and held correspondence 
with several others. These will now be giv- 
en in their proper order. 



29 



James Brenton, now residing in Newport, 
in the Colony of Rhode Island in North Ame- 
rica, Esq., being of full age, duly sworn up- 
on tin- Holy Evangelists, deposes and saith, 
that i.| mi the seventeenth day of July last, 
he was requested by the Hon. Joseph Wan- 
ton, Esq., Governor of the colonj ol Rhode 
Island aforesaid, to attend Robert Lillibridge, 
one of the deputy sheriffs in the countj of 
Newporl in said colony, who was ordered 
with ■ warrant from Metcalf Bowler, Esq., 
one of the Justic \ i in said colony, 
to repair on board his Majesty's ship the 
Beaver, and to make diligent search for one 
Aaron, a mulatto lad, charged with being 
concerned (with others unknown) in attack- 
ing and burning his Majesty's sch ier the 

Ga i" mi the tenth of June last, and upon 
rinding the said Aaron, to take him before 
the said Metcalf Bowler, or some other law- 
ful authority, in order that the said Aaron 
might be examined relative to the said trans- 
action, and lie proceeded against accord- 
ing to law. 

That this deponent, about one o'clock in 
the afternoon of the said seventeenth day of 
July, went with the said deputy sheriff from 
said Newport, in order to go on hoard his 
Majesty's ship the Beaver, then lying in the 
harbor of Newport ; that when the boat in 
which this deponent and the said deputy 
sheriff were, came near the said ship, they 
were forbid by the sentinel upon the ship's 
gangway from going on board. Thisdepo- 
■ 11 i it then acquainted a person, who appeared 
to be the commanding officer, upon the deck 
of said ship, that he, this deponent, with your 
said deputy sheriff, were then come to de- 
mand that Aaron, a mulatto lad, who was 
charged with being concerned in the attack- 
ing and burning the schooner Gaspee, and 
wdio they were informed was then on hoard 
said ship, might be delivered to the deputy 
sheriff in pursuance of a warrant for that 
purpose; that the said officer then on deck 
d this deponent, that ( Japtain land 
sey, the commander of the said ship, was not 
on board, and that he, the said office] could 
do nothing without orders; the said officer 
further acquainted them that Capt. Lindscy 
u ;i then mi -here at Brenton's Point ; thai 
,i.i deponent then, together with the .-aid 
deputy sheriff, went mi shore at the farm of 
Jahleel Brenton, where, af the said Jahleel 
Brenton's house, tin- - deponent saw the said 
( ;:pi. I dndsej and acquainted linn that he 
came to attend the deputy sheriff with a 
warrant, in order In demand ol' him, the -aid 
('apt. Lindsey. that he would deliverupto 
ilu: civil rnagii tratc a mulatto boy called 
Aaron, (wdio, they \\,re informed, was on 
Beaver man of war under In com 
inand.) in order for his examinal and com- 
mitment, and at the same time, tin- deponent 
showed to the said Capt. Lindsey the said 
warrant, and he was then and there request- 
ed to deliver up said mulatl n tence 



thereof; to which the said Capt. Lindsey 
then answered, that it was true that he had 
the said mulatto then on board his Majesty's 
saiil ship the Beaver, but that he would not 
deliver him to any civil authority whatever 
in ilu said colony. This deponent then told 
Capt. Lindsey, that he, this deponent, came 
to wait upon the said Capt. Lindsey at the 
particular request of Gov. Wanton, the chief 
magistrate of said colony, in order to ex- 
plain in him.il' necessary, the nature of the 
warranl and the impropriety of Capt. Lind- 
sey's conduct in withholding a man charged 
with a capital crime from the civil power ; to 
which Capt. Lindsey replied, that he knew 
no civil authority in said colony; that in re- 
gard to the ( (overnor, lie was a damned ras- 
cal, and that Admiral Montagu's power was 
the only power he. knew* in America, and 
without his orders he should not deliver the 
said mulatto. 

The deponent then asked him, the said 
Capt. Lindsey, ifhehad any doubt about the 
legality of the warrant, which this deponent 
held in his hand; to which Capt. Lindsey, 
looking carelessly upon it. said, it might be 
good lor what he knew, hut that he did not 
regard it any more than it it was a piece of 
blank paper. 

This deponent further saith, that the depu- 
ty sheriff (who was with tins deponent at 
Jahleel Brenton's farm) did not go into the 
li' ■ 1 1 ■ i where Capt. Lindsey was, but waited 
without doors, as Capt. Lindsey (being at 
that time suspicious of being arrested by 
civil process, on account of some seizures 
which had been made by him.) would not 
consent the deputy sheriff should see him, 
and further this deponent saith not. 

J. BRENTON. 

Newport, Januarys, 1773. 

Sworn to before the commissioners, 

./. Wanton, Fred. Smythe, 

Dan. Horsemander, Peter Oliver, 

Hob!. Auchmuty. 

i lolony of Rhode Island. &c. 

Be it remembered that at Newport in said 
colony, on the ninth day of January in the 
year of our Lord one thousand seven hundred 
and seventy-three, before the commissioners 
appointed by a commission under the great 
seal ol i (real Britain, for inquiring into and 
reporting unto his Majesty all the circum- 
stances of burning bis Majesty's schooner 
Ga pee, &c, on the tenth of June last, in 
his proper person came and appeared the 
Hon. Darius Sessions, Esq.. of Providence, 
and deputy governor of the colony aforesaid, 
who being duly sworn upon the Holy Evan- 
gelists of Almighty God, testifieth and saith; 
that in the evening of the ninth of June last, 
at about nine o'clock, he heard a drum beat 
in the street opposite to his house. Soon af- 
ter he went to his window and looked out, 
and saw the drum surrounded by a number 
of boys at some distance from the house go- 



30 



ing up street ; in a short time afterwards he 
heard the drum returning, whereupon he 
went back to his window, where he remained 
until it passed his house, and, as the moon 
shone very bright, he could plainly discover 
they were only a company of boys, not ex- 
ceeding ten or twelve in number, two or three 
of which appeared to be about thirteen or 
fourteen years of age, the others about ten 
or twelve; and concluding they were gath- 
ered together with no other design than to 
divert themselves wilh the drum, he retired 
from his window without saying anything to 
the boys, soon after which the noise of the 
drum ceased; the remaining part of that 
night he heard not the least noise or dii turb 
ance in the streets or in any other pari of 
the town, nor received any the least hint, 
gestion, intimation or information of any 
I iot, outrage or tu nultuou assembling of the 
people, nor intention thereof, neither did lie 
then know there was an armed vessel in the 
rivi r nearer than the town of Newport, which 
is thirty miles from Providence; had he 
known or even uspected any riot, his utmost 
endeavors would have been exerted in sup 

pressing it. ' : i ol hi 

neighbors came and told him the Gaspee 
was burnt ami the captain wounded, and that 
had arrived in tovs n for a surgeon 
the wounds of the officer who lay 
(leu at Pawtuxet, about live miles from Pro- 
vidence. Immediately upon hearing this 
Lblc m v. lie set out with a design 
to examine into the affair, and when 
ed Pawtuxet he saw the chooner on fire, 
lying on a point of lend called and known 
by the name of Namquit Point, about two 
miles from Pawtuxet, in the town of Warwick, 
in the county of Kent, and colony aforesaid. 
He made inquiry if any of the offendi rs were 
known, but could get no information ; he 

then went to a small house by the si . 

where he heard Lieutenant Duddingston 
was lodged, and there found him in danger- 
ous circumstances. He told Lieutenant I lud- 
i if he wanted money, surgeons, or 
l"i:e'-\ or any kind of assistance. 
he should have every relief in his power. 
Mr. Duddingston replied, thai he had savi d 
his money, which was about one hundred 
dollars, and therefore wanted no favors for 
himself, bul desired thatsome care might be 
taken of his people, that they might be col- 
lected together and sent to the Admiral to 
Boston, or on heard the Leaver at Newport, 
which the deponent promised he would do. 
He then told Mr. Duddingston the 
his visit at thai, time was not onlj to afford 
him any assistance he might need, but also 
to proi are such a declaration from his own 
mouth respecting the attack that had been 
made on his per. on, and the i esse] lie com 
in inded, thai the offenders mighl be broughi 
i. Mr. Duddin :red, thai 

he woul I i account of the matter; 

first, because ofhis indisposition of bodj . and 



second, because it was his duty to forbear 
anything of that nature until he had done it 
unto a court martial, unto which, it he lived, 
he would be called by his commanding offi- 
cer. The deponent then asked him if he 
was willing he should examine his officers 
and people, which, after some refusal, he 
consented to, and they all agreeing nearly 
to everything matt rial relative to the de- 
struction of the schooner, he forthwith trans- 
mitted copies nC their examinations to the 
Governor. The deponent then gave orders 
that the seamen should he collected together 
and provided with victuals and lodgings, and 
thai a boat should he got ready by the next 
morning to carry them on hoard ihc Beaver, 
all which was executed with care and cx- 
pedition. Tin; deponent also gave orders 
dial the i tore.-- and remain -- should he col- 
lected and lodged in a ware house, which 
was done, and soon after delivered to Capt. 
Lindsey, of the Beaver, lie also desired a 
gi aileinen, who lived near Mr. Duddings- 
ton to supply said Duddingston with any 
thing he wanted, and also that he would 
lodge and entertain any surgeon- or others 
who might com. .Inch the 

deponenl vc rily belii . complied 

wilh. These expenses were recommended 
by the deponenl to the General Assembly, 
who ordered payment out of the public trea- 
sury. The deponent consulted Willi the 
Chief Justice, and most of the civil authority 
in (hat part of the colonj where he resides, 
who highly disapproved of the riot, and uni- 
versally declared they were ignor tnl of any 
of tin proceedings, and gave it as their 

opinion that me es on .hi to he pursued 

for discovering and bringing to justice the 

perpetrator i. A proclamal u as oon al 

I by the ( iovernor, which u a po i 
ed up m all the towns near where theoflence 
was committed ; but as yet the deponenl has 
ii"i reci ived any information of any of the 
persons concerned in thai offence, neither 
has he ever heard that information has been 
made to any of the civil authority within the 
colony, and further this deponenl ;aith not. 
DARIUS SESSIONS. 
N. B.--The word :, "nor intention thereof," 
on the fifth line of the 2d page ; "and colony 

in the i i jhteenth line of t] 
page ; ■ . hii h after some refusal he con ent- 

ed t id they," in the 19th line of the 3d 

page ; "relative to the destruction of the 
i ' in the 20th line ol the same page, 
were interlined before the above deposition 
and sworn i i. 
Swoni to. at Newport, this 9th day ol Janu 
ary, before us, 
./. Wanton, !'i , ./'. Smythe, 

Dan. I In ... Peter Oliver. 

Robt. hichmttty. 

Newport, January 11. 1773. 
Gentlemen: — In obedience to his Majes- 
ty's commands, signified by Lord Dartmouth 



31 



i Honor the Governor, dated Whitehall, 
September 1th, 1772, which was laid before 
the General \ssembly, wherein his Lord- 
hip expre: ed hii M.i]'- ty's dependence on 
the care and vigilance of the civil magistrates 
of the colony to take the pi oper rrn 
arresting and committing to custody, in or- 
der i" theii being brought to ju stice, such 
persons as shall, upon proper information 
before them or before his Majesty's commis- 
sioners, appeartohavc been concerned in the 
plundering and dc troj ing his Majesty's 
schooner Gaspee and dangerously wounding 
and ill treating his Majesty,s officer who 
commanded her. &c. 

\ a civil magi trate, and one of his Maj- 
esty's Justices of Issize in and throughout 
the colon} . impn ■ sed n ith a regard for the 
ol the i 'I'ciwn. and the welfare of the 
colony, I now tender my assistance, when- 
ever it shall be nece sary ; and when called 
upon bj the commissioners, or otherwise, 
will exert every authority which the colony 
has invested me with, towards the appre 
bending ai y per ons against whom informa- 
tion may be lodged, of bi ing concerned in 
the dc truction of his Majesty's schooner the 
< la pee, or may appear to have been anj 
ways aiding or assisting in that most daring 
insult offered against his Majesty's Crown 
and dignity within the colony on the 10th of 
June last. 

I am, with the greatest respect, your most 
obedient humble i n ant. 

■ \i,r Ben 

i [onorable hi tlajestj 's ( loramii - 
doners. 

The examination on oath of Stephen Gul- 
e the honorable commi ion 
12th day of January, A. I >. 1773. 

Q W\ it i s our name and occu- 

pation .' 

Answer.- Stephen < iulley is my n 
a husbandman my occupation. 
(/. — What age are you ! 
A. — Aged II years. 
(/—Where is your place of abode? 
A.— At Smithfield, in the county of Provi- 
dence, in the colony of Rhode Island. 

(J — I i. been on board any 

of hi Mo U lint ship >. How 

trd ? 
I Tl it : .,- ho been on hoard hi - Maj 
p the Lizzard e\ er i inee Tuesday 
that he went voluntarily on board 
ifety. 
Q \\ hat re lsi in had you to i uppos e you 
iva unsafe ? 

Mondaj night, the fifth inst., I went 
into tin ■ public house at the ferry on Rhode 
Island side, where he set down and called 

drink, which they gave him ; he 
then called forsuppi r and had it ; afterwards 

1 i 

a e. i. 

iknown to him, came and 



■ bound ; 
he said to Newport ; the man told him he 
would not get there; lie asked him for what 
reai on he thought so; he replied, thei 
about twenty armed men in the road, one of 
them with two lira - pi tols, who, he said, 
were come to take him alive or, lead, to car- 
ry him hack to Providence ; that he, said 
man, went out into the other room ; the land- 
lord then . poke to the deponent and told him 
he would give him a word of advice ; he said 
there were about twenty armed men that 
said they would have him, the deponent, and 
that he did not know but they would tear his 
hou •■ down if he stayed there; he then 
called his children and, he believes, his wife, 
into the room, and gave them a strict charge 
to tell the men if they inquired after this de- 
ponent, that he was gone out with the land- 
lord to talk together, and that this happened 
about eight o'clock in the evening ; the land- 
lord then told him he would show him a way 
where he might escape their hands, that they 
might know nothing where he was gone. 
The landlord then went, with him about a 
quarter of a mile, he thinks front said house, 
in ight of a pond, and they then parted, the 
landlord first directing him the road to New- 
port. 

Q. — What do you know relative to the at- 
tacking and burning the Gaspee schooner on 

said tilth of June la- I :' 

A. — As to my own knowledge I know no- 
ut it ; but that some time about the 
' v. -mlier last lie was told by Capt 
William Thayer, of Mendon, in the province 
of Massachusetts, that Saul Ramsdale, late 
of Mendon. who wa a shoemaker at work at 
Providence, at the time the Gaspee was 
burnt, told him and one of his sons he knew 
who the persons wire who were concerned 
■ he, the said Rams- 
lah ',. hi , ompany with them before they 
went oil from Providence, but did not go 
himsi If; upon which, this deponent went im- 
mediately to Ramsdale. who was then at 
Mendon; he found a young fellow with him, 
but upon this deponent telling Ramsdale that 
he wanted a private conversation with him, 

the young man went away ; this deponent' 
then asked him about the burning of said 
diooner, and whether he had any 
knowledge of that matter; Ramsdale then 
ai la ,1 him who told him that he. Ramsdale, 
knew anything of thai mailer; he told him 
he did not choose to say who gave him (hat 
intelligence; he, said deponent, then told 
him ii he would give thi deponent any in- 
about burning the < (asp e schoo- 
ner he would be a g I friend to him; Rams- 
dale then told him he did know omething 
about the thing ; that lie. knew the heads of 
the gang that went down the river with that 
intention ; that he saw two men with guns 

under their arms, and f them swore. 

ery high oath that he would be re- 
; ie was agoing upon 



32 



before he returned, and that he, the said 
Ramsdale, was picked for one of the gang to 
go with them, but being faint hearted and 
discouraged, he did not go ; this deponent 
then asked him whether some of the Browns 
were not concerned. Ramsdale answered 
yes, but does not remember that he mention- 
ed his Christian name; he, this deponent, 
then asked him how many in number there 
were, if there was two hundred ; lie said 
more; he then asked him if there was four 
hundred ; he said not so many; he then ask- 
ed him if there was three hundred; he said 
yes; he then asked him if there was any 
more; he said jes, something upwards ; he 
then parted with said Ramsdale, and this de- 
ponent then went to Boston. This deponent 
further saith that he had been acquainted 
with said Ramsdale many years ; that lie 
told said Ramsdale that he would be sent 
for, and Ramsdale begged he would not dis- 
cover him. STEPHEN GULLEY. 

Newport, 12 January, 1773. 

Sworn to before us, 

./. Wanton, Fred, Smylhe, 

Dan. Horsemander, Peter Oliver, 

Robt. Auchmuty. 

Newport, ss 

Colony of Rhode Island, '( 
January 13th 177::. S 

Joseph Borden, of Portsmouth, in (lie 
county of Newport, in the colony of Rhode 
Island, Ac., landholder, of lawful age, ap 
peared before the honorable commissioners 
for inquiring into the circumstances of burn- 
ing the Gaspee, ccc, and being sworn upon 
the Holy Evangelists of Almighty God, dc- 
poseth and saith : — 

That some time in the beginning of last 
week, a man came to his house in Ports- 
mouth, who called himself Stephen Gulley ; 
he appeared to be in liquor, and requested 
that he might have supper and lodgings, 
which the deponent told him he miuiii have ; 
before supper he went from the deponent's 
house in company with one Thomas Ayles- 
bury, and as they had both been noisy and 
used very bad language, the deponent fast- 
ened the doors of his h mse, in order to keep 
them out; after some tune this Stephen Gul- 
ley returned and knocked al tin door, upon 
which lie let him in, and told him his supper 
u i ready in (he back room; and while he 
was eating his supper Aylesbury returned, 
and said to Gulley, my friend, 1 believe you 
are upon some bad design, as 1 understood, 
by your talk, you are going to Newporl to 
•jive information about burning the Gaspee; 
to which Gulley replied, that it was nobody's 
business but his own ; then Aylesbury told 
him he would not get to Newport, as there 
were a number of Indians with brass pistols 
in the road, who would take care of him : 
but this di pom nl in fact sayeth thai he did 
n..t know, neither has he any reason to be 
lieve, there were any Indians in the road 



leading to Newport, and the deponent sup- 
posed that Aylesbury told this story to Gul- 
ley with no other design but to frighten him. 
After Aylesbury left the room Gulley asked 
the deponent what he should do ; and as he 
recollected Aylesbury was in liquor, and did 
not know but there might be some disturb- 
ance between him and Gulley, he, the de 
ponent, told Gulley there was a lower road 
that he might go in, by which he might 
avoid that which Aylesbury had told him the 
Indians were in, and if he would pay his 
reckoning he would go and direct him to 
that road ; on which he asked the deponent 
if he would not take a weapon with him ; 
whereupon he replied that he should not 
take a weapon with him, as he did not be- 
lieve any body would hurt him, the deponent, 
or the said Gulley, and then immediately 
proceeded to show him the road, by going 
with him as far as his barn, which is about 
twenty rods from the deponent's house, and 
showed him a pond near to which was a 
road, and directed him to take that road and 
mlhward till he came into the main 
road, which he would soon do. The depo- 
nent then left Gulley, and returned to his 
dwelling house, where he saw nobody but 
his own family, either in the house or about 
it, and every thing remained epiiet. And this 
deponent further saith, that while he was in 
the kitchen, sunn after Gulley came to his 
house, and before Aylesbury had told Gul- 
ley he believed he was upon some bad de- 
sign, lie heard a person reading the King's 
proclamation fur discovering the persons who 
burnt the Gaspee schooner, upon which Gul- 
ley said it was a fine reward, and he intend 
eii to have it; and the deponent believes that 
Aylesbury was then in the room, and further 
this deponent saith not. 

JOSEPH BORDEN. 

Sworn to at Newport the day and year be- 
fore written, before us, 

./. Wanton, Fred. Smythe, 

Dun. Horsemander, Peter Oliver. 

Robert Auchmuty, 

The examination of Aaron, a mulatto, up- 
on oath, taken this 14th dav of January, A. 
D. 1773, 

Aaron Briggs, aged eighteen ; 
thereabout, declares, that at the age of five 
years he was bound by the town of Ports- 
mouth, an apprentice to < apt. Samuel Tomp- 
kins, of Prudence island, until he should ar- 
rive at the age of twenty-four years ; from 
which time, until he went on board the man- 
of-war, he was constantly in the service of 
the said Capt. Tompkins, as a laborer on his 
farm ; that his master kept a two mast boat 
to transport his farm produce to market, 
which was the only sail boat within five 
miles of bis master's farm at the time the 
Gaspee was burnt ; that " fi 

Remington, who lived aboul one mile from 
where the deponent lived, had. a row boat 



33 

large enough tor six hands to row; also one II was out all night, and flog him ; upon which 

. at about a mile and a half Potter said, there is no can't in the matter, 

, ,,l , t W n mast bnnt ind that the ynn must ?n alonaf with me. we shall be h ick 



hi hi [-in's boat .-linn- time before thd night 
on which the < Jaspee was burnt, and she 
leaked in such a manner that i he could not 
sail ; that a little after sunset, on the night 
on which the < lai pee was bui nt, he left the 
island of Pi udence, but doe not know the 
the week, or the day of the month; that 

he we If the island in a little fishing bout 

of two oars, which boat lay jusi before the 
house; that before sunrise, and ah ut an 
hour after daybreak, he returned to Ins mas- 
ter's house from the shore where they land 

nl the people bel jing to the < hispee, which 

shore w as about n mile abo\ e aid ( laspee, 
and the ' Saspee about six miles Irom his mas- 
ter's house, and that it was about four or five 
milrs from his master's to the place where 
they landed the Gaspee people; that he 
found the oars in the boat that he went oft' 
Baid island in; that the reason he went off 
' i in. I. was to carry the boat round to the 

e of i lid ! land, to carrj a m tamed 

Samuel Faulkner, a hired man, to Bristol the 
him night, and that tin youn man told the 
deponent that he would ask his masti r's leave 
for that purpose ; that going round said is- 
land, at about half a mile from said shore ol 
said island, he met a boat and one Potter. 
I ' 1 1 lian name he does not know, and 
whom he, in company with Faulkner abovi - 
named, had once seen on a wharf at Bristol, 
ami there heard him railed by the name of 
Potter; and further says, that said Faulkner 

told him that thai was the person wl wind 

the ropewalk at Bristol winch they had hern 
in ; that h hen he mi I aid Pottei a 3 alw e 
mentioned, he was in a boat which was row 
ing with eight oars ; that the time he met the 

lid Potter was about half an hour after he, 
this deponent, left the island, and 
Potter, was about five miles from Bristol ; 
that there were eleven men in said boat, lid 
Potter was in the stern sheets; that the 
weather was cloudy ; that when Putter hailed 
.'/ere about fifteen reds distant ; the 
lirst words Poller spoke was |, v asking who 
was in that boat: the deponent answered, he 
was in there ; Potter told him to come that 
way. he wanted to speak to him; upon which 
he went to lain, and Potter told him he want- 
ed this deponent to go up with linn about n 
mile, that lie would be hark in an hour-, tins 

: p mi nl said he <■■ iuld not. he wa -■ Iiur- 

■ home ; to which Putter replied, lie 
inn in with him : the deponent answered. 
In could not. he must go home, or Ins mas- 
ter would punish him, and this deponent then 
in ' in to row away ; Potter told In in he want- 
ed this deponent to L r o with him to letch some- 
thing down which tins deponent had forgot, 
and that he would pay him for so doing ; this 

deponent said he had rather go home, for il 
hie master should miss him he would say he 

5 



painter, you need noi row we will carry yon 
up there; u|ion winch this deponent gave 
them the painter; that he, this deponent, he- 

ing in Ins own boat, was rowed up by Pot- 

ii ? boat nil they came within half a mile of 

the schooner ; Potter II, en said to this depo- 

i ■ into mj boat : that he got ii.ro the 

li" : . Poller then told him lliej wen _ g 

to burn the n -of-war schooner, and that 

lie. ilu- deponent, must go Willi lllln ; to 
which i e replied, that il was hard for linn to 

lie brought there, where he jht lose lus 

life; Potter tin ii said I hey were all upon their 

lives; this deponent still repented, it WHS 

hard lor him to go; but Potter said he must 
L'o now he was there ; th it tin j would uive 

him a weapon, and he must .1 - they did, 

knock them down, and not let them kill him if 
he could help it. and gave him a handspike; 
the rest were armed some with cutlasses, 
some wilh muskets ; this happened at about 
ten o'clock at night ; Poller further told this 
deponent that they expected 16 or 17 more 
heats from Providence ; in about an hour af- 
terwards they met eighl boats about half a 
mile Irom the schooner, which appeared to 
be pretty full of people; upon their meeting, 
Poller and two men. called Browns by the 
pen; le. whom this deponent did not know, 
talked about how they should hoard the 
;chooner ; one of these persons called Brown, 
got into Potter's hoat, on which they were 
hailed from the Gaspee and told to Stand off; 
upon which, Brown said row up ; immediately 
alter, he, this deponent, saw the captain of 
the schooner come upon deck in his breeches, 
and fired a pistol into one of the boats and 

wounded i of the men in the thigh; that 

h ' '■ a man who was in the boat with Pot- 
ter, and who was called Brown, fire a mus- 
ket, which wounded the captain ; alter which 
there was no more firing, but they instantly 
hoarded the schooner; that the captain of 
the iliiiiinr. when he was wounded, he 
thinks, tend by the foreshrouds upon the left 
hand side ; when they got on hoard there 
were about four of the schooner's men on 
deck, and the rest were coming up out of the 
hold, and somebody said knock 'em down and 
kill them, no matter what you do with them; 
that this deponent di I not know the Browns, 
n if hear them called by their Christian 
names, and further declares that it was John 
Brown who shot the captain, and that be 
hath never seen either of the Brown- ince ; 
that after they got possession of the vessel, 
they ionic the hands belonging to the schoo- 
ner and threw them down the hoM, and this 
happened about 3 o'clock in '.r.e morning; 

then the people searched the V< SSel, took the 

captain' papers, which he tli sired they would 
give him : but they refused, tore them and 
threw them overboard , then they took the 



34 



Gaspee's people, tied their hands, and put 
them into the boat and carried them ashore, 
this deponent going with them; by the time 
they got halfway ashore, the schooner was 
on lire ; that before they went ashore, a doc- 
tor, whom they called Weeks, from one of the 
boats, dressed the Captain's wounds; that 
when they had landed the people, they un- 
tied their hands and let them go, and the 
captain of the schooner they carried up to a 
house ; after they had landed the men they 
put oil' to return, and Potter told them he 
would give him two dollars I'm' what he li.nl 
done, which hi- accordingly did ; upon which 
this deponenl set elfin his ownboatand row- 
ed home; that it was about 1 o'clock when 
they had landed the schooner's people; Unit 
it was a moonlight night hut sometimes 
cloudy ; that soon -liter the people had hoard- 
ed the schooner, they hoisted the lop sail.-. 
her head laying up towards Providence, and 
he saw nothing further done to her or her 
sails; that the schooner when they boarded 
her was aground ; that the person who 
acted as surgeon, he thinks he has een al 
his master's house, but is nol sun' it was thi 
same person. This deponent further says, 
that tin' person to whom he li>' t gave an ac- 
count of the above affair of burning the ( las- 
pee, was Capt. Lindsey, of the Beaver; 
sometime after the burning of the schooner 
he went on hoard the Beaver in his m i ter'i 
said boat ; that immediately upon hit going 
on board they puthim in irons, because they 
imagined he intended to run away from his 
mastet ; it was about ten o'clock al night 
when the deponent was put in irons, and was 
released about ten o'clock the next, day, and 
then they were going to flog him ; after he 
■was tied up to the mast, one of the I 
men, called Paddy Alis, jumped up and told 
the captain that he thought that he, this de- 
ponent, was one that was aboard the schoo- 
ner Gaspee. At this time the deponenl had 
said nothing about the burning of the schoo- 
ner, nor had made no discovery relal ( 

what he knew; the captain asked the man if 
he was sure of it ; he said yes; the captain 
asked what clothes he had on; tin n 
two frocks ; then the captain told the man to 
examine what clothes he had, which they 
found wen- two frocks; there was no men- 
tion made of any other clothes. The next 
day Paddy Alis and the deponent wen call 
ed up before the captain, who a ked the 
Paddy if he was sure thai this deponent was 
one concerned in the attack of the 
he said yes; he further asked him if] g could 
swear to it; he answered yes; that the cap- 
tain then administered an oath to the said 
Paddy upon the Bible, who swore that tins 
de,„.._."nt was there; the captain Ll 
to this deponent, my lad, you see this man 
has declared you was there, and if you don'l 
tell who was there with you, I will hang yon 
at. the yard arm immediately, and if you do, 
you shall not be hurt ; upon which this de- 



ponent told the captain all the heads that was 
there, the captain saying lie did not want to 
know any thing about the poor people, but 
only the heads. This deponent further says, 
that lie never spoke to any of the Beaver's 
crew till he got on board ; that his master's 
boat, in which this deponent went on board 
the ship, his master went on board and re- 
ceived again; that this deponent went on 
board said man-of-war with an intention not 
to return again to his master; that he, this 
deponent, never was christened, and that he 
should have told Capt. Lindsey all he knew 
relating '" the Gaspee immediately upon his 
going on hoard if they had not put him in 
irons. The deponent further says, that the 
morning after the burning ol the schooner, 
when he returned to his master's, lie went to 
bed with two black servants, with whom he 
usually slept ; he lay there a little while, and 
upon hi i master's knocking, he got up and 
went to fetch the, rows; that when he first 
returned to his master's house, he got in at 
a lower window on the southwest part of the 
house, which opens into the middle room; 
that during the whole transaction on said 
night the schooner was burnt, no man called 
thi I ; one.n1 hy h nai r knew him. 

AARON X BRIGGS. 

mar!-:. 

Sworn lo this I lih day of January, A. D. 
177:;, al the Council Chamber in Newport, 
befon u 

./. Ilo,'.' m, Fred. Smythe, 

Dan. Horsemander, Peter Oliver 

Hubert Auehmuty, 

I, Rufus Greene, Jr., of Eai t ( ireenwich, in 
the colony ofRhode Island, mariner, deposi 
and a\ ; thai i ome time in February last, I 
was in board of and commanded the - loop 
Fortune, lying al anchor in the Narragan- 
si it Bay, off North Kingstown, having a 
quantity of rum on hoard, belonging to Na- 
thaniel < ireene iV < lo., when one Dundass, an 
officer ol the i chooner < iaspee, under the 
command of Lieutenant Duddingston, came 
on hoard ami asked this deponent ifhe would 
take an} freight on board; to which this de- 
ponent answered no; he then ordered this 
deponent to unlay the hatches; and this de- 
ponenl telling tin' said Dundass thai said 
hatches wen- unlaid, he then ordered him 
into Mi" cabin ; and being demanded by 
what authority he thus did, replied, "If you do 
ato the cabin I'll let j mi know.' draw- 
ing his sword; he then caught this deponent 
h\ the collar, and pushed him into the cabin; 
this deponenl then came oul of said cabin, 
and went forward lo prevent the anchor's be- 
ing weighed ; he then clenched upon this 
deponent again, thru.-t him into the cabin, 
jammed the companion leaf upon his head, 
knocked him down upon a chei t in said cab- 
in, and confined him there for a considerable 
time ; after this deponent entreating the said 



36 



Dundassto lei him free, he did so, and made 
a seizure of the said vessel and cargo, (as 
aid,) and jiut the letter "I!" upon her 
hatches; then towed said sloop to said 
schooner (it being calm) with three boats. 
This deponent being commanded aboard the 
schooner aforesaid, obeyed ; wont before said 
Lieutenant Dudding ton. and after some con- 
versation, u.i j ordered from Ins presence and 
confined in the gangway ; this deponent ;isl 
ed said Duddingston ifhe had a commission 
to seize, A c, to which said 1 >uddinj 
swered that he had a good commission from 
his Majesty, bul showed none. The next 
day this deponent was pul on board another 
vessel, and further saith not. 

RUFUS GREENE, Jr. 

Kent, ss. 

East < !i be w. ii h. Jan. I Ith, 1773. 

Personally appeared the above deponent, 
Rufus Greene, Jr., and being cautioned to 
speak the truth made solemn oath upon the 
Evangelii tsof Almighty ( !od, thai the be- 
fore going narrative is true II its pans. 

Coram, HOPKINS COOKE, 

Justice Peace. 

I do hereby certify that the above depo- 
nenl is of a respectable family, sobei life, 
md oughl to be credited. 

II. COOKE, Justice Peace. 

The examination of Patrick Earls, fakcn 

oi ih this ii'in ol January, 1773. 

Patrick Eai I . ol full age, a manner, on 
board hi Maje i\ '. i hip the Lizzard, com- 
manded by Capt. Inglis, being duly, sworn, 

1 , ... sailor on 

boai I the Gn | i chooner ; on the 10th of 

Imi'' I -i. u hen she was run agi ound on a 

pa of Ian. I. thai betwei none and two oYlock, 

the captain called all hand i on deck, and Ihis 

i oraing ni. w ith the n i i ofthe seal 

i\\ a numbei ..1 arm. d men 

' . i or three muskets and club ; thai 

he saw tin e | r break open the arm- 

il furnish themselves with i 

una after this, this deponent was knocked 
down with i club, and pitched into the hold, 
and in about a quarti r of an hour, was called 
upon dcrk, where his arms were tied behind 
I shoved into ;i boat, u hi.'li. with 
aboul six others, was lying alongside the 
schooner ; thai i the deck was 

cle ire I ol all the officers and sailors belong- 
ing to the Gaspee and put into the boats, 
ihey were rowed to a small village toward 
Providence, about three mile distant from the 
schooner, when the) iven landed. This 
depondnl further saith, that Lieutenant Dud- 
dingston in the stern of the same 
boal in which he, the deponent, i 
shore, an i thai hi . in their passage to the 
shore, contrived to unloose his anus, and 
took an our from a negro man. at the bow of 
the boat, whom he vet ilj believe i to be the 
negro Aaron, now on board the Lizzard, and 
helped him to row the boat; and that, to the 



best of his belief, it was about three or lour 
o'cloi k in the morning, when he, with the 
captain and the others, were landed. This 
deponent also saith, that he well remembers, 
that while the persom were attacking the 
Menu.-, on board the schooner, he heard the 
name of Potter mentioned ; that, one of the 
people sanl. "Potter, it is the best, way to set 
the men on shore, for that it was not their 
fault, but the officers ;" to which a person, 
then standing on the quarter deck, to whom 
the above expression was directed, who was 
a tall slim man. with a long sharp nose, in 
light colored long clothes, his hair tied be- 
hind, wlm looked 'e like a shoreman than 

a seaman, am wered, "Let it be so." He al- 
so saith, thai after he was landed, he saw 

the I ts return towards the schooner, and 

in about half an hour after lie saw the. schoo- 
ner on fire, and the guns blowing off; that it 
was cloudy and calm weather. And this de- 
ponent further saith. that on the morning af- 
ter the negro Aaron came on hoard the. Bea- 
ver, at 8 (.'clock, he saw him in irons in the 
galley, and immediately recollected him as the 
same person whom he assisted to row the 
boat :i above mentioned, but did not speak 
to him, but directly told one John Johnson, 
the boatswain ofthe schooner, that he well 
knew the negro was one ofthe persons who 
raved the boat on shore with him ; that on 
the next day, • apt. Lindsey, commander ot 
the Beaver, gave directions to his boatswain 

' ome spun yarn to tie up the negro, 

and give I two or three dozen, to find out 

what he came on hoard for, or if he knew 
any thing concerning the burning the schoo- 
ner ; that he was stripped in order to be pun- 
ished, upon which the boatswain of the Gas- 
pee then .ailed out, "one ol the men knew 
him to be one ofthe persons who rowed the 
captain on shore, and was concerned in burn- 
ing the schooner;" upon which the captain 
asked which of the men knew him ; that he 
called out to this deponent, and asked him if 
he knew any thing of the negro, and caution- 
ed him tn he careful in his answers ; that the 
negro was then ordered in irons again, and 
th. deponent called into the cabin and order- 
ed by the captain to describe the negro's 
dress when onboard the boat, which he did, 
to wit: A spotted .a- checked handkerchief 
round his head, a frock, a pair of long trow- 
sers, no shoes, and his hair tied behind not 
longer than an inch, or an inch and a half. 
Soon alter, the captain sentfora Justice from 
the town, which Justice swore him, and he 
confirmed the above account he had given 
under oath relative to the negro. The depo- 
nent first saw the schooner on fire about 
breakfast time, which was about six o'clock, 
when he was ashore, and heard the guns of 
th. srh. inner blow off. but did not see her 
from the time he first left her till he saw her 
on fire. He set along side of the negro in 
the boat from the time the boat put off from 
the schooner until she struck the shore where. 



36 



he landed, and that while rowing ashore he 
was cold, and asked the negro to let him row 
to warm himself; which he did ; and as they 
sat together, asked him, the negro, fbra chew 
of tobacco, winch he gave him. Anil fins 
deponent further saith that he never saw the 
said negro before he saw him in the boat, 
his 
PATRICK _|- EARLS. 
mark. 

Sworn to at Newport on the 16th day of 
January, A. D. 1773, before 

./. Wanton, Fred. Smythe, 

Dun. Horsemander, Peter Oliver. 

Robert Auchmuty, 

Providence, Jan. 19, 1773. 

Honorable Sir: — I received a citation, 
signed by you ami a number ol other gentle- 
men, commanding my attendance al the 
Colony House in Newport, on the twentieth 
day of January instant, to give in evidence 
to what I know relative to the attacking, tak- 
ing and plundering his Majesty's schi ir 

called tbe Gaspee, &c. ; in consequence of 
which I now inform you, that I am a man of 
seventy-four years of age, and very infirm. 
and at tbe time said schooner was taken and 
plundered, 1 was in my bed, and I knew 
nothing of it until next day ; ami as fur my 
not attending a-, commanded. I must plead 
my age ami infirmity in excuse. 

From your most obedient friend and bum- 
ble servant, ARTHUR FENNER. 

To the Honorable Joseph Wanton, Esq. 

Providence, January 19th, 1773. 
To the Honorable tin- Commissioners ap- 
pointed t<> enquire into the circumstances 
relative to the destroying the 

Gentlemen : — 1 now address you on ac- 
count ofa summons I received from you, re- 
q-iiringmy attendance at the Council Cham- 
ber in Newport, on Wednesd ty, 20th inst. 
Now, gentlemen, I beg leave to acquaint you 
what renders me incapable of attending. In 
the first place. I am an insolvent debtor ; and 
therelore my person would lie subject to an 

arrest by s i one or other of my creditors ; 

and my health has bee lecline tin-si-' 

two months pa-t, mnl it would be dangerous 
should 1 leave my house; and further, were 
I to attend. I could give no informalion rela- 
tive to the assembling, arming, training and 
leading on the people concerned in destroy- 
ing the schooner Gaspee. (in the 9th day of 
June I, ist mi night 1 was employed at mj 
house attending company, which were John 
Andrew, Esq., Judge of the court of Admi- 
ralty, John Cole, Esq., Mr. Hitchcock, and 
George Brown, win supped al my house 
and stayed there untn !wo of the clock in the 
morning following; ami I have not any 
knowledge relative to the matter on which I 



am summoned ; which I am ready to make 
oath to before any Justice of the Peace. 

I am, gentlemen, most respectfully, your 
most humble servant, JAMES SABIN. 

East Greenwich, Jan. 19th, 20th, 1773. 

May it please your Honors: — Late last 
night 1 received asummonsfrom Providence 
to appeal at the Council Chamber in New- 
port before your honors, there to give evi- 
dence of what I knew concerning the burn- 
ing of the schooner Gaspee, and 1 should 
have waited on your honors accordingly, but 
tin' Courtof Common Pleas was then sit- 
g in the county uf Kent, and being concern- 
ed in several eases then pending in said court, 
could nut possibly attend according to sum- 
mons, therefore hop'- you will excuse my not 
attending. It has long been a custom for the 
attorneys, upon tin' concluding evening of 
filingpleas to the court, to meet together to 
-peinl tin- evening; that night the said schoo- 
ner was burnt happened tube the concluding 
evening of filing pleas; accordingly, the 
Gent, of the bar, together with myself, met 
at the house of James Sabin, in Providence, 
that being a public house of entertainment. 
Some time after, I being there, heard a drum 
heat; I asked the reason of said drum beat- 
ing ; wa answered by some one of the com- 
pany, that there was a number of boys met 
together, the) supposed, to divert themselves. 
I knowing it to be no uncommon 1 1 1 i n o-, 

thought in re about it ; and do solemnly 

declare thai 1 have no knowledge, directly or 
indirectly, of any plot being laid, or any per- 
son concerned in perpetrating so vile a crime, 
and shall he ready at all times, when in my 
power, to appearand answer any question 
relating to said affair, if required. 

1 am sientlemen, your honors m ist obedi- 
ent and humble servant, G. BROW N 

East Greenwich, Jan. 20th, 1773. 
May it please your Honor.-: — Late last 
evening 1 received by the way of Provi- 
dence a citation to appear before your 

honors, at II o'clock this lore to give 

evidence of what I Know relative to the 
burning and destroying the schooner Gaspee. 
As the Court of Common Pleas is now sit- 
ting here, and a number of clients depending 
upon my assistance in thru- several rases, I 
hope your honors will dispense with my at- 
tendance nt the I Council < !hambi r at the 
lime appointed. 1 am disposed to uive your 
honors all the information that has come to 
my knowledge concerning the affair, which 
is extremely small. The evening preceding 
the burning of the < I is pee 1 spent at Mr. 
James Sabins' Tavern, in company with sev 
eral gentlemen ; about 7 or 8 o'clock, hearing 
a noise in the street, I pulled bark the shut- 
iei> of one of the windows next the street, 
and saw several people collected together, 
but did not know any of them; upon which, 
1 made inquiry of the gentlemen in the room 



37 



if they knew the occasion, and was answered 
by some of the company, but by whom I can- 1 
nol particularly recollect, thai he hoped they 
were not designed for mischief; to which 1 
replied, I believed not, if they were they 
would nol be so public. Some time after- 
ward, a drum was beating along street; up- 
on which, I again opened the shutter, and 
saw three 01 foui boj with a drum, and no 
other persons. And this, may it plea e your 
honors, is all 1 know relative to this affair, 
and which I am ready to make oath to be- 
fore any of the civil authority in Pi 
to whicl) place I shall return to-morrow or 
next day. 

I am, with all deference, your Honors most 
obedient anil most humble servant, 

JOHN COLE. 

East Greenwich, Jan. 20, 1773. 
May it please your Honors: — Late last 
night I had a citation from Providence to 
appear before you this day at 11 o'clock in 
the forenoon, to give evidence with regard 
to the burning the schooner Gaspee ; and 
as 1 driest all such open violations of the 
law, should have been willing to have waited 
upon your honors to let you know every- 
thing within the compass of my nowledge 
relative to that matter, had not my engage- 
ments at Kent Court, in this place abso- 

l.i. I my attendance; and therefore 
hope your honors will pardon rue on that ac- 
count ; but every thing 1 know touching that 
matter I am ready to relate. It has been, 
may it please your honors, a long custom in 

nj . for the attornej s the concluding 
of tiling of pleas for court, to meet some 
where together and spend the evening; that 
night, the schooner was burnt happened to be 
the concluding evening. We met at Mr. 
Sabins', fi\ ourselves, and about S o'clock I 
went to the door, or, finally, kitchen, and saw 
a number of people in the street, hut paid no 
attention to them, as thai place was a place 
of public resort. Some lime alter 9 o'clock 
I hear. I a drum beat, and was asked by some 
body in the room, what was the occasion of 
the beating of that drum: am! it. was an- 
swered by somebody, that it was beat by 
some boys, which quieted all further inquiry 
by me ; neither del I imagine that any thing 
of that nature was about being perpetrated, 
till after it was m fart done. This, may it 
your honors, is every thing that 1 
know, or ha come to my knowledge, i ela 
live lo that transaction, and which 1 am wil- 
ling, on solemn oath, to state before any of 
the civil authority in Providence, to which 
place I shall ill a clay or Inn return. 

I am your Honors most obedienl humble 
servant, I'. HITCHCOCK. 

Pnovini n-ce, .km. 20, 1773. 
< i i n i i EMEN - I i i .1 . one 

1 I o'clock, i ' questing my attendance 
il ) I o'i lock this day. at the Court House in 



Newport, in order to give evidence before 
your honors to that knowledge I have re- 
lating to the burning and destroying his 
Majesty's schooner called the Gaspee, and 
to the assembling, arming, training and lead- 
ing the people concerned therein. I should 
have cheerfully obeyed said summons had 
my health permitted, but I have been con- 
fined for a week past with a swelling in my 
hand, which hath rendered me unable to stir 
out of doors ; but as soon as I am able, I 
shall wait upon your honors, and inform you 
all I know relating to that matter, winch 
your honors will judge just nothing at all lo 
the purpose. 

I am, with great regard, your Honors most 
obedient and most humble servant, 

JOHN ANDREWS. 

P. S. — I have judged proper to inform your 
honors of all particulars of knowledge I have 
relating to the burning his Majesty's schoo- 
ner called the I la pi e, in the Narragansett 
River. I was in Providence town the eve- 
ning before the mischief was done, and in 
company with a number of gentlemen, I 
heard a disturbance in the street, and in- 
quired into the cause, and was answered, 
that it had been a training day and they 
were breaking up their frolic, and I heard 
nothing further that evening relative there- 
to, but went to bed, and nigh morning was 
surprised with the news of the said schooner's 
being burned and destroyed. 1 then wait- 
ed upon the Deputy Governor immediately, 
and he, with me, repaired to the spot, where 
we found Mr. Duddingston badly wound- 
ed, and the said schooner appeared at. a dis- 
tance to be on fire.and burned down to the wa- 
ter; and the Deputy Governor inquired of Mr. 
Duddingston if he had any knowledge of any 
dI' the trespassers, and he made answer that 
he should give no account about the matter 
before he was brought before the court mar- 
tial, wleae he expected his trial, but was 
willing that his people should declare all they 
knew of the matter, and were sworn before 

the Deputy Governor accordingly. I 

Mr. Duddingston afterwards, and 

desired him, if he had any knowledg 
of the persons who did the mischief, he would 
inform me thereof that they might he brought 
lo condign punishment, but always declined 
saying any thing at. all ; and that is the sufi- 
stance' ol the knowledge i have of the mat- 
ter, and which I am ready to swear lo. 

JOHN ANDREWS. 

To the Honorable Commissioners. 

Joseph Wanton. Esq., Governor of the 
English Colony of Rhode I land, on oath 
declares and says : That at an interview he 
had with Lieutenant Duddingston, late of the 
schooner Gaspee, he asked him whether he 
had any authority from the comi 
at Boston, or from Admiral Montagu ; to 
ivhi ii lie replied, he had not, but received his 
authority from the Lords of the Admiralty, 



38 



and that he was come into the Colony of 
Rhode Island by virtue of that power, and 
no other whatever. The deponent thru ask 
ed how long it vvas probable he should con- 
tinue in the colony ? to which he answered, 
at present he was in the colony, but how long 
lie should continue was uncertain. And this 
deponent saith, that he does not remember 
that he hath since that time seen the said 
Lieutenant Duddingston. 

On or about the 20thof March last, a com- 
plaint was transmitted to the deponent, by 
the deputy governor of the colony, signed 
by sundry persons residing in and near the 
town of Providence, that an armed schooner 
was cruising in the Narragansett Bay, inter- 
rupting their legal commerce, by searching 
and unnecessarily detaining the freight boats, 
&c, and therefore requested the deponent to 
make such inquiry as was necessary for ob- 
taining information, whether the persons be- 
longing to said schooner were duly author- 
ized to exercise that power within the body 
of the colony. Upon receiving the complaint, 
the deponent conceived it was his duly, in 
order to satisfy the complainants, and at the 
same time to give the persons complained 
of an opportunity of exculpating tin in elvi 
from the several charges and accusations 
which were exhibited against them, to pur- 
sue such measures as were prudent and legal. 
and thereupon wrote a letter to the com- 
manding officer of said schooner, advising 
him of the information the deponent had re- 
ceived respecting Ins conduct and proceed 
ings since his arrival within this colony, and 
requesting that he would produce his com- 
mission and authority. This letter was an- 
swered by Lieutenant Duddingston, which, 
not being satisfactory, the deponent wrote 
him another letter, on the 23d of March; in 
consequence whereof, Lieutenant Duddings- 
ton sent the deponent, by one of his officers, 
whose name was Dundass, an order from the 
Lords of the Admiralty for his commanding 
the schooner Gaspee, also their letter to the 
commissioners at Boston, requiring them to 
give a deputation from the commissioners at 
Boston, directed to the said Dundass, all 
which the deponent, after he had read and 
examined, returned to the said Dundass, who 
had the charge of them, without the least de- 
lay or interruption whatever. The deponent 
took this opportunity to remonstrate to the 
officer against the impropriety of Mr. Dud- 
dingston's proceedings, in sending a quanti- 
ty of rum he had seized in the county of 
Kent, within this colony, for illegal importa- 
tion, to Boston for trial, it being, in the de- 
ponent's opinion, repugnant to an act of Par- 
liament made and passed m the eighth year 
of his Majesty's reign, as there was a Court 
of Vice Admiralty established within this 
colony ; and that if he persevered in such 
measures, he must expect, that a process 
would be issued against him. A short time 
after this another complaint was brought 



against Mr. Duddingston, by one Faulkner, 
of Portsmouth, in this colony, and proprietor 
of a certain island called Gould Island, within 
the said colony, who alleged that the people 
belonging to said schooner Gaspee had been 
upon said island, and committed a trespass 
and waste thereon, by cutting down thirty or 
more trees and carrying the same from off 
said island. The deponent recommended to 
the complainant to make application to said 
Duddingston, and demand such satisfaction 
as was adequate to the damage he had sus- 
tained, and if possible to avoid a lawsuit, 
winch, he said, he had been urged to com- 
mence ; after which, he was informed by said 
Faulkner, that Lieutenant Duddingston had 
paid him about fifteen dollars on account of 
the above named trespass and waste, with 
which he appeared satisfied. 

On the 1 1th of June, the deponent received 
from Darius Sessions, Esq., of Providence, 
and deputy governor of the colony, an ac- 
count of the destruction of Ins Majesty's 
schooner the Gaspee ; upon which, he imme- 
diately called together such of his Majesty's 
council and members of the General Assem- 
bly as could be seasonably imtilied, and com- 
municated to them the disagreeable intelli- 
gence, who unanimously recommended a 
proclamation, with a. proper reward, for dis- 
covering the offenders, which was thereupon 
issued, and sent into the several towns with 
in the colony. 

Admiral Montagu, on the Sth of July, 
transmitted to the deponent the declaration 
of a mulatto lad, called Aaron, impeaching 
several persons therein named with being 
com eined iii burning the aforesaid schooner. 
As this declaration was not made before any 
of the civil authority, either in this or any oth- 
er colony, the deponent was of opinion that it 
was higiily nere isary that Aaron should be 
taken into custody, and therefore due, ted 
one of the Judges of the Superior Court to 
issue his warrant for Aaron, that he might 
be legally examined ; ami as he was then in 
m the care of (..'apt. Lindsey, wrote him a loi- 
ter dated the 16th of July, (which letter ac- 
companied the warrant,) requesting that he 
would deliver the said Aaron to the sheriff, 
that he mighl he examined respecting what 
he knew of attacking and burning the Gas- 
per ; hut (.'apt. Lindsey refused to deliver 
up the witness, and treated the letter and 
warrant with the hiirlicst contempt, as the 
deponent was informed by James Brenton, 
Esq., who waited upon Capt. Lindsey with 
the. letter at the deponent's request. If Aaron 
had any knowledge of burning the said 
schooner it was out of the power of the de- 
ponent to obtain it, through the unjustifiable 
conduct of the said Capt. Lindsey. 

The deponent communicated to Admiral 
Montagu, in a letter dated the 23d of July, 
the steps he had taken for obtaining Aaron s 
declaration in full expectation that he would 
have given positive orders for the delivery 



39 



of Aaron into the custody of the civil autho- 
rity, especially as the deponent had assured 
Capt. Lindsey that after his examination he 
should be returned onboard the King's ship. 

The deponent cited Mr. Samuel Thurs- 
ton and Mr. Samuel Tompkins, of the island 
.if Prudence, the gentlemen with whom 
Aaron had lived as an indented servant, to 
give i vidence of what they knew of the de- 
struction of the Gaspee, &c, and also two 
servants, who lived in the same house with 
Aaron at the time the said schooner was 
burnt, who agreed in thru- several testimo- 
nies, that Aaron was a runaway, and could 
not, for the reasons given in their deposi- 
tions, have any knowledge of that transac- 
tion; copies ol which testimonies the deponent 
transmitted to Admiral Montagu. 

This deponent further declares, that the 
several letters and papers he has delivered 
to the commissioners, contain a lull and par- 
ticular account of all the knowledge he hath 
of the destruction of the said schooner Gas- 
pee, in. I thi hum: iih'-: which have been pur- 
sued for discovering the offenders. 

.1. WANTON. 

Sworn tii ai Newport mi the 25th day of 
Jannan . 1773, before 

FRED. SMVT11E, 
PETER OLIVER, 
ROBT. AUCHMUTY. 

The examination of Peter May. taken up- 
on oath tin-; 19th day of January, A. D. 
1773: 

Peter May. of lawful aire, being duly 

v i deposeth .mil saith, that he was late 

bo u'. 1 his Majesty's schooner 
and that some time I; -t summer, as 
thej were going in said schooner towards 
Providence, about :i or 3 o'clock in the after- 
noon. ihe\ strm I. aground upon a point of 
land about a musket shot from the land ; that 
she lav so dry that they walked round her 
iped her bottom, the water being 
ah.iii' niie tiiot on one side, and about two 
feel mi the other; that tiny gol an anchor 
out. ami endea\ ored to gel h t oil; b il after 
striving till sunset they desisted from tny fur- 
ther attempts •. all hut the watch, u I 
i i ted hi' three, were ordered by I ... 
Duddingston in go to slei p; that between 
12 and 1 o'clock the schooni r was attacked 
h\ a number of boats with people on board, 
a run. I nm with clubs, some with other wea- 
pons; thai tin- deponenl was below at the 
tune the people hoarded the schooner, and 

when he r inie upon ili'i'L ; ie :- : l w I .iel '' i ' 1 1. 1 lit 

Duddingston discharge a pistol, bul whether 
it wounded any body he cannot tell; imme- 
diately alter, he saw a man in the bow of 
one of the boal lire a muslat and wound the 
Lieutenant, upon which, the Lieutenant cried 
out, "i.oi',1 have mercy upon me, I am done 
for;" that immediately after this, the depo- 
nent was knocked down the hatchway, ami 

recovering himself, went into the steerage 



in order to get some clothes, and from thence 
stepped into the cabin, and there heard the 
la' uti i nit desire the people not to haul and 
pull him about as they did, but to assist 
him ; on which they said they had no doc- 
tors, but would send him as soon as they 
could to a place where they could get one ; 
he soon after, when the Lieutenant was on 
deck, heard several people ask him whether 
he would make amends for the rum which he 
had seized out of the sloop, and if he would, 
they would return him the schooner ; one of 
which people was named Greene, whom he. 
saw in the cabin of the Gaspee the day after 
they had seized a sloop, of which he appeared 
to be the owner and out of which he took 
some rakes ; this deponent saith that the 
said Greene is a tall, slender man, wearing 
his own hair of a brown color. Tins depo- 
nent further saith, that alter they had taken 
possession of the Gaspee, the hands belong- 
ing to the Gaspee were put into a boat and 
lowed ashore at a place about a mile dis- 
tant, between 3 and I o'clock in the morning, 
and that he saw the schooner on lire when 
the) were about half waj in the shore, and 
the lire began upon tin- quarter deck ; and 
further this deponent saith not. 

his 
PETER -f- MAY. 
marl;. 

Sworn to this 10th day of January, A. D. 
L773, at the Council Chamber in Newport, 
before, 

./. Wanton, Fred. Sun/the, 

Dun. Horst mander, Peter Oliver. 

Robt. Auchmuty, 

While the commissioners were in session, 
other officers of the colony were, by force of 
circumstances, impelled to take certain evi- 
dence, ami hold certain correspondence, 
which, as the papers containing them were 
before the commissioners, are here inserted : 

Providence, January 15th. 1773. 
[Sir: — This forenoon came to my house 
Capt. William Thayer, of Mendon, and in- 
formed me thai he had been cited by the 
honorable commissioners at Newport, to ap- 
pear before them this day and declare what 
he knew relative to the destruction of the 
Gaspee. He tells me he is near seventy 
years of age, grievously afflicted with the 
rheumatism, attended with many symptoms 
ol i' : ilysis, and that riding yesterday in 
the cold, stormy weather, has revived ami so 
much increased his disorder, that he was un- 
able to proceed to Newport, but must en- 
deavor to return home as soon as possible: 
Besides, he declared he knew nothing ol' the 
affair for which he was summoned, and so- 
licited me very much to take his examina- 
tion and transmit it to the commissioners. I 
at last yielded to his request, am! have en- 
closed to your honors his deposition, which, 



40 



if you think proper, maybe laid before the 
commissioners. I have known Mr. Thayer 
for many years past, and have always under- 
stood that he was a man of good character. 
He says, if the gentlemen who cited him had 
any idea of the villany of the fellows who in- 
formed them, neither he nor any one else, he 
believes, had been troubled by them. 

And this evening, another person (one 
Ramsdale) came to me, who said he also 
was summoned to Newport upon some oc- 
casion, and that he knew nothing respecting 
the matter for which he was cited, and urged 
me very much to take his deposition to that 
purpose, that he might he dismissed ; but as 
he appeared to be a young, healthy man, 
and lest the commissioners might conceive 
I was too officious in previously examining 
their witnesses, I advised him to deliver what 
he had to say to the commissioners. 

I am, sir, with the greatest respect, your 
honors most obedient and humble servant, 
DARIUS SESSIONS. 

Governor Wanton. 

P. S. — Since I wrote the above, 1 received 
a deposition from Greenwich, which I have 
also enclosed to your honors. 

Colony of Rhode Island, &c. 

The examination of Capt. William Thay- 
er, of Mendon, in the county of Worcester, in 
the province of Massachusetts Bay, Inn- 
holder, taken in Providence, in the colony 
aforesaid, this 15th day of January, in the 
thirteenth year of his Majesty's reign, Anno 
Domini 1773, by Darius Sessions, Deputy 
Governor of said colony. 

Question. — Do you know any circumstan 
ccs relative to the attacking, taking, plunder 
ingand burning his Majesty's schooner call- 
ed the Gaspee, and to the assembling, arm- 
ing, training, and leading on the people con- 
cerned therein, and to the concerting and 
preparing said attack 1 

Answer. — No. 

Q. — Where was you when said schooner 
was destroyed, which was on the 10th day 
last ? 

A. — At home, in Mendon. 

Q. — How far is that from Providence? 

A. — About twenty-two miles. 

Q. — How long a time after the schooner 
was destroyed before you was in Providence? 

A. — I was not there until the latter end of 
June, or the beginning ol July. 

Q. — Did you hear any person say, when 
you was in Providence, or at any other time 
or place, that they knew any of those per- 
sons that were concerned in that affair ? 

A.— No. 

Q.— Did you ever hear the names of any 
persons suspected to be concerned in thai 
matter ? 

A.— I heard the names of one Potter and 
Brown, or Browns, but did not know them, 
nor where they lived. I don't recollect any 
other. 



Q. — Do you remember who mentioned 
those names ? 

.4. — No; it being only some rumor which 
I heard among people in my house, ii being 
a public one. WILLIAM THAYER. ° 

On the day and year above said, Wi lliam 
Thayer, the subscriber to the above exam- 
ination, made solemn oath to the truth of the 
several answers annexed to the foregoing 
interrogations, before 

DARIUS SESSIONS 

I 'epiiiy Governor. 

I, Daniel Vaughan, of Newport, in the col- 
ony of Rhode Island, being of lawful age, do 
depose and say: That sometime in the sum- 
mer last past, being in a sloop taking out 
some old iron from the wreck of the Gaspee, 
and afterwards going down to Newport in 
said sloop in company with Capt. Lindsey, 
n In Majesty's ship the Beaver, one morn- 
ing, not far from the island of Prudence, I 
saw a small boat alongside the Beaver, and 
immediately told the people on board the 
sloop, that somebody had gone on board the 
Beaver that night ; A few days afterwards, 
as the Beaver lay at Newport, near the fort, 
I was ordered to haul the sloop I was iii 
alongside a schooner, which then lay along- 
side the Beaver, in order to take out some 
sugar; and going on board the Beaver, I 
saw a mulatto fellow under the forecastle in 
irons. I said unto him. "so you are one of the 
rogues that have been burning the Gaspee ;" 
he replied, "he never saw her, nor knew any- 
thing about her ;" I then asked him what he 
came there for; he answered, "his master had 
used him badly, and lie was determined to 
leave him." Two or three days afterwards, 
being on board said schooner, I heard < !apt, 
Lindsey order said mulatto to be carried out 
ol the Beaver on board said schooner, and 
then to be tied up to the mast and whipped; 
and after he was laid hold on, and they were 
about to tie him up to the mast, he began to 
declare he knew some of the people that 
burn) the Gaspee. and that Simeon Potter, 
John Brown and others, (whose names 1 have 
f rgot,j were concerned therein. Upon this 
n. hi was released from a whip- 
ping, si nt on board the Leaver, where 1 af- 
terwards saw him in irons on the quarter 
deck. DANIEL VAUGHAN 

Providence, sr. 

Pri ividence, Jan. 16th, 1773. 
Daniel Vaughan appeared in person and 
made solemn oath to the truth of the forego- 
ing declaration, unto which he has subscribed, 
before DARIUS SESSION. 

Deputy Governor. 

Providence, Jan. 18, 1773. 
Sir :— In consequence of an application 
made unto me in writing, signed by Barzillai 
Richmond, Joseph Brown and John Brown, 
I summoned Daniel Vaughan and took his 
deposition relative to what he knew respect- 



41 



ing the treatment of the mulatto Aaron on 
board the Beaver, and I herewith inclose it 
I had not done it but our 
river is fasl shut up, and it is very uncertain 
when Mr. Vaughan will reach Newport. I 
i ho i e Mr. Vaughan should give his deposi- 
tion before the commissioners, if he arrives in 
ir that purpose ; but it' lie doth not, 
and you think proper to i of what i 

now send. 5 on h ive libei tj to im] i 
anj waj you think il may promote truth and 
justice. 

1 am. sir, your humble servant, 

DARI1 S SESSIONS. 
( rO\ W i\ roN. 

I 'i. ivioence Jan. 18th, 1773. 

Sir: -Havingbeen informed by a person 
who came from Newport Inst Saturday, thai 
the inul itto had been examined, and that a 
report prevailed thai his evidence carried 
many m irks of truth with it. and as it is im 
possible ins I tin re can be a woi il 

of truth in it, and as I look upon it my duty 
tu protect the innocent, as well as punish the 
guilty, I though! it my duty to lei your honor 
.inn' circum tanccs that may throw 
some light on tins affair 1 took notice in the 
mulatto's declaration of his having a red and 
white handkerchief about Ins head at the time 

he was on I I the 'i i -i"' 1 '' and when he 

rowed the boat ashore. I suppose he was 
told to relate this circumstance, that some of 
the Gaspee's people might, with the greater 
appearance of truth, swear to his being on 
board the schooner that night. The d i al 
ter the Gaspee was destroyed, I examined 
several of her people, viz: Bartholomew 
Cheevcr, John Johnson, Win. < ; aple, Joseph 
Bowman, Patrick Whaler, Patrick Earls, and 
Patrick Reynolds, who, although the ques- 
:ere not pel down in 
. . 
verbal. Tl given by son 

them (the re agi ei in ; tin reto | are as I'ol- 
viz : 

Q Was the moon down ; 

Insvi r. } i 

H Was it dark ? 

A.— Yes. 

(<> —Was (her ■ any held on board ol the 
when she was boarded lo the boats'? 

.1. — Yes; hut ii was immediately put out 
before n i 

Q. — Was there no other light afterwards 
struck up 

I. Vii that they saw, though they believe 
there was one Ii ;hled up in the cabin to dress 
the I lieutenant's wounds. 

Q.— Were the people who mine on hoard 
unmasked, or in disguii e ' 

I Some of them were either blacked or 

2 ii but it was f o dark we could not tell 

The above questions put to any of the 

G ; pi i ■' people, who pretend to e tablish 

the negro's evidence, by swearing to the 
6 



identity of him, 1 think, must convince any 
one that their testimony is absolutely i'a se. — 
I ihipman al Boston swore that it was 

a very dark night; and how is it possible 
that the teatures and dress of a negro could 
be sworn to a month afterwards. 

I am requested by some persons in this 
town to inform your honor that one David 
James, a young man. who served his time in 
tin town, and is properly an inhabitant there- 
1 la veek impressed out of a sloop 
belonging here, Joseph Tillinghast, master, 
and carried on board the schooner Halifax. 

The young man was horn in , in 

Virginia, where he had left him by his father, 
sinii. .stale ill land, which, by several letters 
of a late dale from his brother, and his guar- 
dian, appears to be sold, and that the money 
thereof will be sent to him very soon by a 

sell a that is now gone there. I have 

seen the letters myself this day, and make no 
doubt but they are genuine. If your honor 
will interposeso far as to use your endeavors 
to get him disi harged, you will do a singu- 
lar I a\or to the young man and to his ac- 
quaintances here. If he remains in confine- 
ment there will be nobody lo take rare of his 
mo ley or goods that may bi sent him from 
his patrimony, which will be his total ruin. 

I am sir, your most obedient and hum- 
ble servant, DARIUS SESSIONS. 

Gov. Wanton. 

The following rough dral't of a letter is filed 
among the papers of the commissioners, and 
is supposed to be the report ol' their proceed- 
ings up to their adjournment in January: 
Newport, Rhode Island, Jan. 21, 1773. 

Mv Loin: — In obedience to his Majesty's 
commands, signified to us by your Lordship's 
letter of the lib of September last, we, with 
the utmost dispatch in our power, repaired 

... I . . | . . ... ... the 

great seal of ("heat Britain, was delivered (o 
us in the Council Chamber al Newport by 
i 'apt Keeler, commander of his Majesty's 
ship the Mercury, and the commanding offi- 
cer in the naval department at that place ; 
upon which, we immediately ordered the 
same to he publicly read and proclaimed, 
which was accordingly done before a great 
concourse of people, who, on the i 
behaved with great decency. This being 
dune, we proceeded, with all despatch in our 
power, to business, and finding in the last 

iusi in our commi ion, that in the execu- 
tion and performance of the power and au- 
thority thereby given us, we are strictly 
charged and c landed carefully to ob- 
serve and conform ourselves to such instruc- 
tions as we should receive in writing, under 
the King's sign manual ; whereupon we ap- 
plied ourselves to the careful examination of 
ihose instructions: in one of which are the 
words, "to the end that they may according- 
ly be arrested and delivered to the custody 



4,2 



of the commander-in-chief of our ships and 
vessels in North America, pursuant to such 
directions as we have thought fit to give lor 
that purpose." Being convinced that the 
above charge given us by his Majesty in our 
commission referring to the instructions under 
the sign manual, could not be dispensed 
with, we wrote to Rear Admiral Montagu 
that we were fully of opinion that his attend- 
ance at Newport was necessary, in order if 
there should appear evidence against any 
person sufficient to arrest him upon, he must 
be delivered to the Admiral according to our 
instructions, from which we could not depart, 
notwithstanding your lordship's letter ol the 
4th of September last to Gov. Wanton, 
wherein you inform him "that such offenders 
as may have been or shall be arresled and 
committed within the colony of Rhode Is- 
land be delivered to the care and custody of 
Rear Admiral Montagu, or the commander- 
in-chief of his Majesty's ships in North Ame- 
rica for the time being, or to such officer as 
he shall appoint to receive them." We here 
beg leave to assure your lordship, that we 
had not the least inclination to deviate from 
your lordship's letter had not we been fully 
convinced that the express words of our com- 
mission obliged us to do it. Sever;. I letters 
passed between us and the Admiral on tins 
subject, wherein we explained to him the ne- 
cessity, according lo our commission and in- 
structions,of his being here in person. Though 
we did not agree on this head, he thinking 
that, according to his instructions and your 
lordship's last mentioned letter, his | 
was not at all necessary ; yet he was polite 
enough to come to Newport on the 18th day 
of the month, and meeting us at the < Jouncil 
Chamber on the L8th int., he informi I u 
that he believed from the information he had 
received from others, Capt. Duddingston 
would be able to make such declaration rela- 
tive to the business we are on. as would 
prove very material, and at this inclement 
season of the year it was impossible for Inn. 
nroperlvto execute his orders from the Lords 
commissioners of the Admiralty relative to 
the business we are now upon. Also that 
the other duties of his department at tins 
time absolutely required his attendance at 
Boston, and therefore in a very tew days he 
must return. Taking all these matters into 
consideration, and the extreme rigor of the 
season, which renders it almost impossible to 
procure witnesses who are at any distance 
from us without waiting a veryunrea on ' le 
time for them, we though', an adjournment 
to May next necessary for his Majesty's ser- 
vice, and accordingly notified Admiral Mon- 
tagu that we should adjourn to on or about 
the a6th of that month, when he will un- 
doubtedly be here. Copies of the letters- 
passing between the Admiral and us on these 
subjects are herewith transmitted to your 
Lordship. 

We have proceeded to examine such wit- 



nesses as we could obtain, and also carefully 
to look into all papers which Gov. Wanton 
has laid before us relative to the conduct of 
the magistrates of this government in the 
business we are upon ; but find it totally im- 
possible at present to make a report, not hav- 
ing all the evidence we have reason to ex- 
pect. We therefore hope, for these rea- 
sons, that our omitting it will not be disa- 
greeable. In short, we have hitherto, my 
Lord, exerted ourselves to our utmost abili- 
ties in the execution of the trust his Majes- 
ty has been pleased to honor us with, and 
your Lordship may rely on our future en- 
deavors to discharge ourselves with that fi- 
delity which the nature of so important a 

Co nssion demands. 

We are. with the utmost respect, my Lord, 
your Lordship's most obedient and most 
humble servants. 



The commissioners adjourned to meet on 
the 26th day oI'May, 1773, at Newport. The 
journal of their proceedings, if any were kept, 
is not among the papers. To remove the 
difficulties between Admiral Montagu and 
the commissioners, relative to his personal 
attendance at Newport, the board of Admi- 
ralty in England despatched him special 
orders as follows : 

By the commissioners for executing the of- 
fice of Lord High Admiral of Great Bri- 
tain anil Ireland, &c. 

Whereas you represented to us by your 
leitn of the 19th ol January last lrorn Rhode 
Island, as the season of the year was so far 
advanced as to render it hazardous lor you 
to proceed thither with the ships under your 
command agreeable to our instructions of the 
7th of September last, you had given Capt. 
Keeler, of the Mercury, the senior officer of 
the King's ships at that Island, to whom you 
had before despatched his Majesty's com- 
mission for enquiring into the circumstances 
n lativi to the burning of the Gaspee schoo- 
ner, orders to aid and assist the commission- 
ers then-em naiin d in the same manner as 
you should have done had you been there; 
hut, as the said commission expressly directs 
the prisoners to he delivered to you. the com- 
missioners Jul not choose to proceed to busi- 
ness until your arrival ; that, in consequence 
iving such information, you had pro- 
ved thither bj land, an. I had hoisted your 
flagon board the Lizzard; and that the com- 
mis ioners had examined some few persons; 
and whereas you further represented to us, 
by your said 'letter, that, if your are obliged 
t,i attend the commissioners at Rhode Is- 
land, the naval business at Halifax and Bos- 
ton will he greatly retarded, as it will be im- 
possible lor you to attend to those and your 
other duties, and have therefore desired, as 
the senior officer of his Majesty's ships at 
I Rhode Island will, in your opinion, in every 



43 



respect, answer the purposes there as well 
as yourself] that you may receive our direc- 
tions to remain at Boston with your flag, un- 
less there appears to be an absolute neces- 
sity tor your being at Rhode Island ; and 
whereas the Earl of Dartmouth, one of his 
Majesty's principal secretaries of state, to 
whom we sent an extract of so much of your 
letter as related to this business, for his Maj- 
esty's information, hath, by his letter of the 
20th instant, acquainted us that his Majesty 
is pleased to approve thai the execution of 
In Majesty's orders respecting the service 
at Rhode Island, should be entrusted to the 
senior Captain of such of his ships of war as 
in. i % from time to time be stationed at that 
colony. You are therefore hereby required 
and directed to entrust the execution of his 
M ije ty's said orders to such senior captain 
accordinglj . 

Given under our hands the 26th ol March, 
1773. SANDWICH, 

J. BULLER, 
LISBURNE. 

By command of their Lordships : 
Ciias. Stephens. 

To John Montagu, Esq., Rear Admiral of 
the Blue and commander-in chief of his Maj- 
esty's ships and vessels in North America, at 
Boston. 

Previous to the reception of these orders, 
the following letters passed between the com- 
missioners and the officers of the Navy sta- 
tioned in New England : 

Boston, 24th May, 1773. 

Gentlemen: — As I understood you are 
soon to meet to proceed on business, I am to 
inform you I have ordered to Capt. Keeler, 
of his Majesty's ship Mercury, William Dick- 
enson, late midshipman of the Gaspee, and 
Bartholomew Cheever, one of her seamen, 
two evidences sent out of England by the 
Right Honorable the Lords Commissioners 
of the Admiralty. As they were on board 
when captain Duddingston was wounded, 
thi e people if the men called the head 
sheriff and captain can be found) can swear 
to their persons. You will be the best judg- 
es what use to make of them when they ap- 
pear before you. 

I expect the Captain man-of-war will re- 
turn from Halifax in ten days, when I shall 
lose o time in repairing to Rhode Island; 
but if. in the meantime, you should think 
my presence absolutely necessary. I will set 
out by land, although it will be atti ndi d n ith 
great inconvenience to me 

Capt. Keeler has my orders to give you 
every assistance in his power, and I doubt 
not hut that he will faithfully execute them. 

I am, gentlemen, your most obedient hum- 
ile ervant, .1. MONTAGU. 

Mercury, in Rhode Island } 
Harbor, May 27, 1773. S, 
Sir :— Admiral Montagu finding the King's 



commissioners meeting at Newport, he ha« 
sent me an officer and one seaman, late be- 
longing to the Gaspee, and just arrived from 
England, to give information of the persons 
that were concerned in the burning of said 
schooner. 

Likewise a letter directed to his Majesty's 
commissioners at Rhode Island, with direc- 
tions to me to deliver it to you when sitting ; 
but as I am detained on board on account of 
a writ being issued out against me, I an. to 
desire you will give me notice in writing, 
when you meet, that the letter may be sent 
by a proper officer, and of the time you 
choose to have the evidences on shore to be 
examined. 

I am, sir, your most obedient humble ser- 
vant. J. KEELER. 

To Hon. Joseph Wanton, Esq.. President 
of his Majesty's commission at Newport. 
Rhode Island. 

Newport, May 27, 1773. 
Sir: — Though there are three commis- 
sioners met at Newport, yet, as the other two 
gentlemen are daily expected, it is thought 

most c lucive to his Majesty's service not 

io proceed on business till they join us. At 
which time we shall acquaint you, when the 
witnesses you mention to us may be exam- 
ined, and Admiral Montagu's letter deliver- 
ed, and in the interim, are 

Your most obedient humble servants, 

J WANTON. 

PETER OLIVER, 

ROBT. AUCHMUTY. 
Capt. Robert Keeler. 

Newport, May 31, 1773. 
Sir : — The gentlemen commissioners are 
now arrived from the southward ; therefore 
we are ready to receive Admiral Montagu's 
letter mentioned in yours of the 27th inst., and 
to-morrow morning shall also be ready to 
take the depositions of those witnesses you 
inform ns are arrived from England. The 
commissioners will attend such examination 
to-morrow morning at ten o'clock, and are 
your most obedient and humble servants, 
J. WANTON, 
PETER OLIVER, 
ROBT. AUCHMUTY. 
Capt. Robert Keeler. 

Newport, June 2, 1773. 
Sir: — Three of the commissioners met at 
this place on the 26th ult., but as the gentle- 
men from the southward were not arrived 
and daily expected, it was thought by those 
present most conducive to his Majesty's ser- 
vice to delay entering on business till they 
were joined by their brethren. Your not re- 
ceiving an answer sooner to your favor of the 
2 llh of last month was owing to that reason. 
The gentlemen being now on the spot, beg 
leave to observe to you that the witnesses you 
mention have been examined, and that it will 



I i 



be very agreeable to them to have the plea- 
sure of your company at Newport whenever 
it will comport with his Majesty's service in 
general, but at present see no immediate 
occasion for your coming without your ships, 
and are, with the greatest respect, sir. 
Your most obedient humble servants, 
To John Montagu, Esq. 

Boston, 14th June, 1773. 

Gentlemen: — In answer to your letter of 
the 2d, which I received the 12th, 1 beg leave 
to inform you that as the service will not ad- 
mit of my being at Rhode Island this sum- 
mer, I have sent orders to Capt. Keeler, of 
his Majesty's ship Mercury, to render you 
every service in his power in the execution 
of your commission, agreeable to his Majes- 
ty's directions signified to me In my Lords 
commissioners of the Admiralty by their or- 
der of the 26th of March 1773, a duplicate ol 
which 1 herewith inclose to you. and am 
with respect, gentlemen, 

Your most obedient, humble servant, 

J. MONTAGU. 

His Majesty's Commissioners at Rhode- 
Island. 

The following evidence was submitted to 
them at this session: 

The examination of William Dickinson, 
late midshipman of his Majesty's schooner 
the Gaspee, taken on oath at \< wport. in 
the colony of Rhode Island, this first day of 
June, A. U. 1773: Who saith, that on the 
tenth day of June, in the year one thousand 
seven hundred and seventy-two, between the 
hours of 12 and 1 in the morning, the said 
schooner, then working in her duck upon 
Namquit Point, about two miles below Paw- 
tuxet, and notable to get off; the watch be- 
ing on deck, as he supposed, gave the alarm 
that a number of boats were coming down 
the river; upon which Lieutenant Duddings- 
ton went on deck and hailed the boats, and 
ordered them to keep oil or he would fire in- 
to them; but as they refused to keep off we 
fired at them, and they returned the fire, 
whereby Lieutenant Duddingston was wound- 
ed in the left arm, and in the groin; they 
then boarded us, and used us very ill. by 
beating and knocking down the people, and 
afterwards by lying them and 1 1 iioivujlt 
them into their boats, the rip, tun of the gang 
swearing he would give no quarters. The 
captain of the gang ordered Lieutenant Dud- 
dingston on his knees and to beg Ins life : he 
said he could not, he was wounded; where- 
upon the said captain answered. "Damn your 
blood, you are shot by your own people;" 
they then took him into tiie cabin, where two 
men dressed his wounds, who, by their be- 
havior, appeared to have so skill in sur- 

g ■/. And this examinate further saith, that 
while Lieutenant Duddingston's wounds wen 
dressing, those two persons who assumed to 
be the head sheriff and the captain, demand- 



1 ed the papers belonging to the vessel, which 
he delivered by Lieutenant Duddingston's or- 
ders to them, consisting of the Lieutenant's 
commission from the Lords of the Admiralty, 
Admiral Montagu's instructions, letters, and 
other papers; and upon his particularizing 
those papers as he delivered them, they 
damned him, and told him they did not come 
there to receive any instructions from him, 
but would examine the papers at their lei- 
sure, which they put into tiieir pockets, and 
then carried Lieutenant Duddingston on 
shore about two miles from the schooner. — 
The examinate after this continued on hoard 
said schooner about three quarters of an 
hour, and was told by the captain of the gang, 
that unless he quitted the schooner he would 
throw him overboard ; during tin:- tune they 
continued plundering the schooner. The 
examinate was landed in one ol' their boats 
on the shore opposite to the schooner, where 
he remained some time ; and that within an 
hour after he was landed, hi- saw the said 
schooner on fire, and it being then daylight, 
he saw three of their boats put oil' from the 
chooner full of men, one ol which landed 
the people at Pawtuxet, and the- other two 
rowed towards Providence. This examinate 
further saith, that the said schooner when 
she was burnt lay about eight or ten miles, 
to the best of his judgment, from the north end 
of the island of Prudence, and that several 
negroes were on hoard the said schooner, and 
also rowed the boats which boarded the 
schooner, but he does not know their names, 
and he cannot recollect thai he saw any of 
those negroes enter the cabin; and he also 
saith that he does not know the namesofany 
of the persons who hoarded ami destroye 1 
said -chooner. or wounded Lieutenant Dud 
ibn- -Ion, but that the captain who was call- 
ed the captain of the gang, was a well set 
man. of a swarthy complexion, lull Ian-. 
hoarse voice, and wore a white cap, was well 
dressed, and appeared rather above the com- 
mon rank of mankind ; ami that the greater 
part of those be saw on board the schooner 
and in the cabin were persons well dressed, 
many of them with ruffled shirts, and appear- 
ed as store-keepers, mi rchants or mastei ol 
vessels; the person who was called the head 
sheriff was a tall, genteel man, dressed in 
blue clothes, Ins hair tied behind, and ha j on 
a ruffled shirt. One ol the persons who act- 
ed as surgeon in dressing Lieutenant Dud- 
dingston's wounds, appeared to be about 
eighteen years of age, > p ery much marked 
wiili lie- small pox, 1 i i_ r 1 1 1 brown fair tied be- 
hind, about live feet live or six inches high ; 
the other was a very genteel man, appeared 
lobe aboul twenty-two years of age, In- hair 
tied behind, a thin person, and about five 
feel eiohi nl - nine inches high. This exam- 
inate I'ui iher saith. that afterhe returned from 
Boston to Providence, a few day.-, after the 
schooner was destroyed, the first described 
surgeon met him in one of the streets in Pro- 



45 



vidence, and asked him whether he knew 
how Lieutenant Duddingston did, but the ex 
aminate does not know hi name, and fur- 
ther saith not. W. DICKINSON. 

Sworn to al Newport on the day and year 
above Baid, before 
./. II antmi, Fred. Smythe, 

Dan. Horsmanden, Peter Oliver. 

The examination of Bartholomew Chee- 

ver, mariner, and late a seaman onboard his 
M . ' ■ schooner the Gaspee, taken on oath 
.ii \r» port, iii the colon} of Rhode Island, 
on the firs! day of June, 17?:; : V. 
that on the 9th day of June last, the schooner 
Ga pei run aground on her passage to Pro- 
vidence, on a point of land about two or three 

mill bi low a small town, and about li\ e 
miles Irani the: town of Providence; that 
aliuni three quarters afti r twelve o'clock the 
next dm. nam;, being the t nth of June, he 
was standing upon the^quarter deck of said 
schooneras a sentry, ever} other per on be- 

i'l ner bi ing below, he saw 

a number of boats coming towards said 
schooner, which he hailed, hut no answer 
returned; be then immediately gave 
notice to Lieutenant Duddingston and the 
midshipman, who instantly came upon deck; 
were again hailed, and the 

returned bj some of the people in said I is 

was, "Damn your blood, we have you now." 
The captain ordered them to keep oil. and 
told them if they did not he would lire into 
them ; Ihey answered, they did not care, they 
would be aboard i irectly. The captain then 
ordered all hands on deck, but the people 
who were in the boat boarded the schooner, 
and as the} wire entering said schooner, 
they shot the captain, and afterwards tied 
the people belonging to said schooner and 
carried them on shore nearly opposite to the 

bcI ner ; they then broke open the arm 

chesl and took posses ion of the small arms; 
and alter they had landed all the Gaspee's 
people lie saw the said chooner on fire, but 
he knoweth not the names of any of the per- 
sons who wen- concerned in destroying said 
schooner ; and that those who acted as prin- 
cipals were called the la-ad sheriff ami the 
captain, and one ol them was called consta- 
ble. \ u,i tin . e\ animate further saith, that 
while la- was attending upon Lieutenant 
Duddingston at a town called Pawtuxet, he 

saw two Ol till pel m who were count tied 
in destroying said schooner but did not know 
their nami his 

B IRTHOLOMEW CHEEVER. 
mark-. 
Sworn to at Newport the day and year 

aid, before 
./ II q Fi ed. Smythe, 

Dan. Horsmanden, Peter Oliver, 

The examination of John Cole, of Provi- 
dence, in the colony of Rhode Island, Esq., 
taken on oath in Newport, in said colony, 



this third day of June, A. D. 1773 : Who 
saith, that the evening preceding the burn- 
ing the Gaspee I spent at Mr. James Sabin'a 
tavern, in Providence aforesaid, in company 
with several gentlemen ; about 7 or S o'clock, 
hearing a noise in the street of said town, I 
pulled hack the shutter of one of the win- 
dows next the street, and saw several men, 
about twelve, as I apprehend, but did not 
know one of them, collected together; upon 
which, 1 made inquiry of the gentlemen in 

the r i if they knew the occasion, and was 

answered by one of the company, but whom 
I cannot particularly recollect, that he hoped 
they were not upon an) design of mischief; 
to which I replied, "I believed not ; if they 
were on such a design they would not be so 
pul lie." Some short time alter. 1 heard a 
drum heal in the street; upon which 
opened the shutter, saw three or four boys 
passing along with the drum, and no other 
persons; between 11 and 12 o'clock in the 
same evening, 1 left the said tavern, at which 
tune I found the street clear and still ; I then 
observed that 1 believed if any mischief was 
intended, they had thought belter of it and 
gone home. Early in that evening, and be- 
fore I first opened the shutter, I heard, but 
whether after I joined the company or in the 
street going to said tavern, 1 cannot recollect, 
that the Gaspee was then run onshore; nei- 
ther do 1 remember the person giving me 
that information ; I never heard any intima- 
tion of an intention to burn the Gaspee, nor 
do I know any person or persons concerned 
in that transaction, or ever heard who they 
were. The place where the said Gaspee 
was burnt was in the township of Warwick, 
in the county of Kent, in the colony of Rhode 
Island. From the cove near Mr. Samuel 
Tompkins's house to the place where the 
1 la pee schooner was burnt, is, according to 
the best judgment 1 can form, near, if not 
quite lour leagues ; and further this deponent 
saith not JOHN (.'OLE. 

Taken and sworn to at Newport on the 
day and year before written, before 

J. Wanton, Fred. Smythe, 

Dan. Horsmanden, Piter Oliver. 

Robti Auchmuty. 

I'h ■ examination of John Andrew, Esq., 
of Cranston, in the colony of Rhode island, 
taken on oath at Newport, in said colony, on 
the 5th day of June, 177;:: Who declares 
and says, that he was in the town of Provi- 
dence the night that the schooner Gaspee 
was destroyed, at a tavern where he spent 
the evening with a number of gentlemen; 
and after supper he heard a drum heat in the 
sheet, aid inquired into the cause thereof, 
and received for answer, thai it had been 
training day. and the people were breaking 
up their frolic; about 12 o'clock he repaired 
to his lodgings, it heme- verj dark, and went 
to bed ; the next morning, the sun about half 
an hour high, was surprised with hearing 



46 



some persons say to each other that the said 
schooner was burnt, upon which, lie opened 
the window and saw on the other side of the 
street two black fellows and one white man 
talking together ; I inquired what was the 
matter, and received for an answer from the 
white man, that some people in the night had 
burned the man-of-war schooner ; upon 
which, he immediately dressed himself, and 
waited upon the deputy governor; and he 
informed him that he had heard the news, 
and sent for his horse, in order to repair to 
the spot and enquire of Capt. Duddingston 
and his people, and find, if possible, the per- 
sons that had done the mischief; we procured 
a horse iis soon as possible, and went to Paw- 
tuxet where we found Mr. Duddingston bad- 
ly wounded, and we saw the said schooner 
on shore about a mile and a half distance, 
which appeared by the smoke to be on fire, 
and burnt down almost to the water's edge. 
The deputy governor, in bis hearing, inquired 
of Mr. Duddingston, if he had any knowledge 
of the persons that committed this trespass ; 
he made answer that he should render no 
account about the matter until he appeared 
before a court martial, where he expected to 
be tried, if he survived his wounds, and such 
account might be made use of to his advan- 
tage, but was willing that his people should 
be. sworn, and had them called in, and cau- 
tioned them to swear the truth ; he then, as 
his Majesty's Commissary for the colony, 
conferred with Mr. Duddingston concerning 
saving such guns and stores as could be 
saved, and agreed to save all that was possi- 
ble to be saved, and procured a man to un- 
dertake the business; and he likewise re- 
quested that his people might be taken care 
of, and sent on board his Majesty's sloop of 
war called the Beaver, then at Newport, and 
procured a small vessel to carry them on 
purpose ; he visited Mr. Duddingston seve- 
ral times, and requested of him if he had any 
knowledge of such persons as had done the 
mischief that he would inform him thereof, 
that the persons might be brought to con- 
dign punishment, but he always declined say- 
ing any thing in the affair. And further, that 
early in the morning after the said schooner 
was destroyed, he met with Daniel Jenckes, 
Esq., Chief Justice of the Common Pleas, in 
the county of Providence, who said that he 
had informed the deputy governor of what 
had happened the preceding night respecting 
the Gaspee, and then urged that the deputy 
governor and this exaniinate would repair 
immediately to Pawtuxet. and examine such 
of the Gaspee's men as could be found, while 
it was fresh in their memories, that the vil- 
lains might be discovered and not the whole 
colony blamed. JOHN ANDREW. 

The foregoing examination was taken and 
sworn to at Newport on the day and year 
afore written, before 
./. Wanton, Peter Oliver, 

Dun. Hbrsmanden, liobt. Auchmuty. 



The examination of James Helme, Esq., 
of South Kingstown, in the county of King's 
county, and colony of Rhode Island, &c, 
taken on oath at Newport, in said colo- 
ny, this fifth day of June, A. D. 1773: Who 
saith, that in October following the burning 
the schooner Gaspee, the Superior Court of 
Judicature, &c, for said colony, sat at East 
Greenwich, in the county of Kent, at which 
Court I presided, being the eldest Justice of 
the same present. Before the sitting of said 
Court I had heard of the said schooner's be- 
ing burnt, and of Lieutenant Duddingston's 
being wounded. I did not give any charge 
to the grand jury at that court, nor is it usual 
in this colony to give either general or spe- 
cial charges to grand juries ; but before the 
meeting of said court I informed my breth- 
ren that if I presided at said court 1 fully in- 
tended to give the affair of burning the said 
schooner and wounding the Lieutenant in 
charge to the jury ; but having been near 
two months on the circuit it entirely went out 
of my mind when the grand jury was em- 
pannelled, and there being no business laid 
before said jury, they were soon dismissed; 
immediately after, I recollected the omission 
of what I intended, and then mentioned to 
some of the other judges of the court, that I 
had entirely forgot to give the business of 
destroying the Gaspee and wounding Lieu- 
tenant Duddingston in charge to the grand 
jury, whicli 1 had designated, and further this 
deponent saith not. JAMES HELME. 

Taken and sworn to at Newport on the day 
and year first within written, before 

./. Wanton, Fred. Smythe, 

Dun. Horsmanden, Peter Oliver. 

Hubert Auchmuty, 

The examination of George Brown, of 
Providence, in the colony of Rhode Island, 
Esq., taken on oath at Newport, in said colo- 
ny, this fifth day of June, A. D. 1773: Who 
saith, that the evening preceding the burning 
of the schooner Gaspee, he, with several oth- 
er gentlemen, met at the house of Mr. James 
Sabin, in Providence aforesaid, it being a 
public house, to spend the evening together ; 
about ti i o'clock, as I suppose, I heard a 
drum beat in the street ; I asked the reason 
of said drum beating, on which some one of 
the. company, but whom 1 do not recollect, 
answered, that there were some boys beat- 
ing the drum, which was common fir two or 
three years past in summer evenings in said 
town : it is also usual for the young people 
to assemble to learn to beat a drum, and 
other military exercises ; before sunset that 
evening 1 had heard that the said schooner 
was aground ; but had not then the least sus- 
picionthat any mischief was intended to be 
done to said schooner, or any body on board 
ofher, not having heard any intimation to 
that purpose ; and I further declare that I 
have not any knowledge, directly or indi- 
rectly, of any plans being laid to burn or 



¥i 



otherwise destroy said schooner, or of any 
concerned in so vile a crime, or 
wounding Lieutenant Duddingston; some 
time alter I heard the drum, I had occasion 
to go to the door, when I plainly saw about 
ten or a dozen boys with a drum, and am 
confident there was not at that time one man 
among them ; nor had I during that eve- 
ning, any conception of any mischief intend- 
ed. The place where said scho hut was 
burnt is in the township of Warwick, in the 
count] ofKent, in the colony of Rhode Is- 
land and Providence Plantations. From the 
dwelling house of Mr. Samuel Tompkins to 
the place where said schooner was burnt, is, 
according to my judgment, about nine miles ; 
and further this deponent saith not. 

G. BROWN. 

Taken and sworn toatNewport en the day 
and j ear above written, before 

./. Wa Fred Smythe, 

Dun. Horsmanden, Peter Oliver. 

Robert Auchmviy, 

The examination of Samuel Faulkner, of 
Bristol, m the colony of Rhode Island, and 
laborer, taken upon oath, at Newport, the 
I lib day of June, 177:>: Who saith, that he 
lived Willi Mr. Samuel Tompkins, of the is- 
land of Prudence, in said colony, from the 
Istof April, 177-'. io the last of July follow- 
ing, and knoweth a negro lellow named 
Aaron, who lived with said Tompkins part 
me, and as lie understood was an 
indented servant to said Tompkins ; that sev- 
eral persons came over from Bristol to said 
island, and said that the Gaspee schooner 
was burnt two or three days before, which 
was the first time he heard of it ; that he never 
reque ted the said Aaron to go with him 
from Prudence to Bristol in any part of the 
aforementioned time of his living with the 
said Samuel Tompkins, having then no oc- 
casion to go to Bristol; that when the people 
of Biistcil gave an account of the burning 
of said schooner, Aaron was present, and did 
nol either at that time or at any other time 

afterwards discover lie had any ktl 

troying of said schooner ; that when 
the people from Bristol gave said account, 
they mentioned the particular night on which 

r was burnt, and to the best of 

his recollection, Aaronmilked the cows after 
sunsel thai night, and was at home early the 
next morning, and therefore concluded that 
Aaron was al his master's house the whole 
of thai nighl ; that he does not remember his 
telling the said Aaron he would ask his mas 
ter to lei him go with him to Bristol in any 
part of the above mentioned time of bis living 
with - dd Tompkins, but well remembers that 

oer before, when he also lived with 
said Tompkins, that he asked him once o 

let Aaron go with him to I li i sto] 
thai he never was in company with Aaron 
when Mr. Potter, of Bristol, was present; 



Bristol in company with Aaron ; neither was 
he ever on a wharf in Bristol with Aaron, 
nor at any time pointed out Mr. Potter to 
said Aaron, and he does not recollect that 
when he was in Mr. Potter's ropewalk as 
aforesaid that he told said Aaron whose it 
was ; and that when they went to Bristol to- 
gether the summer before the Gaspee was 
bm in. they landed on the shore; that when 
Aaron ran away from his said master he stole 
Ins small boat, which lay on the shore, and 
weiii away in her ; and that when the people 
from Bristol brought the said news of the 
1 la pee's being burnt she was then lying on 
the shore with her seams much opened ; that 
some time after this, and before Aaron stole 
her, she was repaired; that he does not re- 
member that the people from Bristol men- 
tioned any persons names of being concerned 
in destroying said schooner, and he does not 
know any of the persons who burnt said 
schooner; and this examinale further saith, 
that the said Aaron was looked upon by the 
people where he worked as a person much 
addicted to lying. 

' SAMUEL FAULKNER. 
Taken and sworn to at Newport on the 
day and year above-mentioned, before 
J. WANTON. 
FRED. SMYTHE, 
ROBT. AUCHMUTY. 

Darius Sessions, Esq., of Providence, on 
oath declares and says, that, in the month of 
March, A. D. 1772, or thereabouts, sundry of 
the principal inhabitants of the towai of Pro- 
vidence made application to the deponent in 
writing, representing that there was and had 
been lor some time past, a schooner cruising 
in the Narragansett river, that disturbed all 
the vessels and boats that were passing there- 
in, by chasing, firing at and searching them, 
and often treating the people aboard of them 
with the most abusive language, and that 
the commander showed no commission to 
support such proceedings ; they therefore re- 
quested me to inform the Governor thereof, 
that if he knew not who he was, or if he had 
not been acquainted with his commission 
and authority, he would he pleased to make 
inquiry therein; soon after I received said 
writing hearing that the chief justice was in 
the court house near by, I wrote a line on the 
back of said paper and sent it to him, desiring 
his opinion on the affair; it was soon return- 
ed with something written under mine, to this 
purpose, viz: That it was his opinion that 
for any person whatever to come into the 
colony and in the body thereof, to exercise 
any authority by force of arms or otherwise, 
without showing his commission to the Gov- 
ernor, and (if a custom house officer) without 
being sworn into his office, was guilty of a 
trespa i, if not piracy. All which proceed- 
ings, to the best of my remembrance, I af- 
terwards sent to the Governor. And to the 



but has been in Mr. Potter's ropewalk in II best of his remembrance, the aforesaid com 



48 



plaint was signed by the following persons : 
John Brown, Ambrose Page, 

Nathan Angell, Darius Sessions, 

Joseph Nightingale, James Lovett, 

Job Smith, Nicholas Brown, 

Thomas Greene, 

Newi'oht, June 12th, 1772. 

Sworn to before J. WANTON, 

Governor. 

On the 7th of June, the commissioners re- 
quested the personal attendance of the Jus- 
tices of the Superior Court of the Colony- 
The design of the commissioners will ap 
pear in the following papers : 

The honorable the commissioners, appoint- 
ed by royal commission, lor examining into 
the attacking and destroying his Majesty's 
armed schooner the Gaspee, commanded by 
Lieutenant Duddingston, and wounding the 
said Lieutenant, having laid before us, Justi- 
ces of the Superior Court of Judicature, 
Court of Assize. &c, within and throughout 
the Colony of Rhode Island, two examina- 
tions of Aaron Briggs, two examinations of 
PatrickEarls, the examination of Peter May, 
H ■ a mination of William 1 )ickin on, the 
deposition of Samuel Tompkins, Samuel 
Thurston, and of Somerset and Jack, indented 
servants, for our advisement thereon: 

It appeareth unto us from our considera- 
tion had thereupon, that no particular person 
or persons are made mention of as being con 
periled in that atrocious crime, except in the 
examination of Aaron Briggs, a negro, and 
of Peter May, one of the Gaspee's people. 
The confession of the said Aaron upon his 
imination was made in consequence 
<>l illegal threats from Capt. Lindsey of hang- 
ing him (the said Aaron) at the yard arm if 
ons v, ere 
i (aspi i : and b< s ides, mo t 
of the circumstances and tacts related in both 
of his examinations are contradictions repug- 
nant to each other, and many of them im- 
possible in their nature. It is evident (rum 
the depositions of Tompkins, Thurston, and 
Aaron's two fellow servants, that lie was at 
home the whole of that night on which the 
Gaspee was attacked; especially as there 
was no boat on that part of the island in 
which he could possibly pass the bay in the 
manner by him described. In short, another 
circumstance which renders the said Aaron's 
testimony extremely suspicious, is Capt. Lind- 
scy's absolutely refusing to deliver him up to 
be examined by one of the Justices of the 
said Superior Court when legally demanded, 
Peter May, in his deposition, mentions one 
person only, by the name of Greene, whom 
he says, he saw before on board the Gaspee; 
but the family of Greene being very numer- 
ous in this colony, and the said Peter not 
giving the Christian name or describing 
him in such a manner as he could be found 
out. it is impossible for us to know at present 



j the person referred to. Upon the whole, we 
are all of opinion that the several matters 
and things contained in said depositions do 
not induce a probable suspicion, that persons 
mentioned therein,or either or any of them, are 
guilty of the crime aforesaid. It is, however, 
the fixed determination of the Superior Court 
to exert every legal effort in detecting and 
bringing to condign punishment the persons 
concerned in destroying the schooner Gaspee. 
And if the honorable commissioners are of 
a different sentiment we should be glad to 
receive their opinion for our better intbrma- 
tion. 

S. HOPKINS, ChiefJustice. 
J. HELME, 
M. BOWLER, 
J. <'. f BENNET, 
Rhode Island, June 11, 1773. 



Assistant 
Justices. 



Gentlemen : — We, the commissioners, ap- 
pointed by his Majesty for inquiring into the 
attacking, plundering and burning his Majes- 
ty's schooner called the Ga: pee, and wound- 
ing the Lieutenant, late commandant of said 
schooner, received your report on the exam- 
inations bj us laid before you. In the con- 
clusion of the same report you are pleased to 
say, il we differ from you in sentiment, you 
should be glad to receive our opinion for your 
better information. As by our instructions 
we are required to lay before the civil mag- 
istrates all such informations as we shall re- 
ceive, and as it is your proper office to judge 
and act thereupon in such manner as you 
conceive most likely to answer the ends of 
public justice, therefore we decline giving 
any sentiment or opinion in the matter, and 
are, with much respect, gentlemen, 

Your most obedient humble servants. 

Newpob r. June 12, 1773. 

To the I Ion. Stephen Hop! in ' ' , md 
the three Assistant Justices. 

The following i [uest of Chief Justice 
Smythe was thought worthy ol preserva- 
tion : 

June 23d, 1773. 

Gen n emen : I desire the enclosed may 
beinserted in the journal of our proceedings. 
I am sorry it is not in my power to meet you 
this morning. As this minute contains only 
the plain tacts. I hope there will be no ob- 
jection to the request of 

Gentlemen, yours, most heartily, 

FRED. SMYTHE. 

To the Commissioners, Gov. Wanton, Mr. 
Horsmanden, and Mr. Auchmuty. 

June 21. — ChiefJustice Smythe requested 
the board that some particulars of an attack 

of an armed s<| ner called the St. John, by 

the gunner ol' Fort George, in this Colony, in 
con equence of an order signed by two mag- 
istrates, dated July 1764, had la-en imparted 
to him on Saturday last, and conceiving that 
great irregularity, violence and disorder ac- 
companied that transaction, and might be 



l!> 



considered as a leading cause to the destruc- 
tion of the Gaspee, reque ted the board to 
tiikr the affaii into consideration and receive 
uch information as might be procured on 
the subject; whereupon Gov. Wanton ac- 
quainted the board that Ins son was deputy 
nun' of the colonj al the timi of the 
tran action, and could fully explain 
the affair, thai the said gunner of the fort 
was in town and might be called upon ; then 
the board agreed to take the matter into 
i ition i" morrow morning. 
June ' ' The board being reminded by 
Mr. Smythe of his motion yesterday, pro- 
duced the original order signed by the tnag- 
rati . and inquiring if the Governor's son 
or the gunner had been applied to for in- 
formation on the subji > l Mr. Auchmuty 
proposed that the sen e of the board should 
tin i be taken w hether the afl tir should be at 
all inquired into or not; whereupon (lav. 
Wanton and Cli H idea were 

of opinion that no notice whatever of the at- 
tack of the schooner St. John .night to be 
taken by this board. Mr. Smythe, on the 
contrary, was of opinion that a strict in- 
quiry ought to be made on the ubject and 
inserted in the report. Mr. Auchmuty 
doubted. 

A part of the journal i I" the session of the 
commissioners held in January was omitted 
in its proper place, by mistake, and is here 
inserted : 

Monday, January ll//i. I. I). 1773. 
Tin' commissioners met accordin ■ 
journment. 

Pre 'Hi .1" eph Wanton, Esq., I (aniel 
Horsmanden. E iq., Frederick Smythe, Esq., 
Peter Oliver, E q., and Robert Auchmuty, 
Esq. 

I In' com al toners receh ed a letter lroin 
Metcall Bowler, Esq., one of the Ju 

1 the colon} of Rhode Island tender- 
ing his services in aid of the commission, 
which was read and ordered to lie filed. 
The commi .sioner issued a summons for 
ni iri them Stephen Gulley, a wit 
in relative to the taking and burning of 

In 1 • 1 1 schooner, in order to be 1 

.in.! In lor. ' tlirm al II o'clock to-morrow 
morning. 

Tuesday, January 12. 
Thr commissioners met according to ad- 
journment. 

I'n 1 ni .1" - ph U anton, Esq., Daniel 
' Esq., Fi ederick Sm\ the, Esq., 

1 1 1 Robert Vuchmutj . Esq, 
Stephen Gulley, who was summoned to 
give evidence to the commissioners of what 
. ning tin' attacking and burn- 
in" the 1 .a in''. &.c,. appeared before them 
an. I was examined upon oath, which exam- 
ination u.i reduced in writing, signed by the 
deponent, and ordered to !"■ filed. 
Thr commissioners were of opinion that it 
<■ a illiniums to Saul 



Ramsdale, William Thayer, and Joseph 
Borden. A summons was accordingly is- 
sued and delivered to Samuel Clark, = who 
was sent off express at 2 o'clock. 

Wednesday, Jan. VS. 
1 he commissioners met according to ad- 
journment. 

Present, Joseph Wanton, Esq., Daniel 
Horsmanden. Esq., Frederick Smythe, Esq., 
I''',,- Oliver, Esq., ami Robert Auchmuty, 
E - 1 

Joseph Borden, of Portsmouth, inn-holder, 
pursuant to summons, appeared before the 

commissioners and was examined U] oath, 

which examination was taken in writing, and 
ordered to be filed. 

Thursday, 1 \ih January. 

The commissioners met according to ad- 
journment. Present, all. 

Aaron, the mulatto, appeared before the 
commissioners, and was examined upon oath, 
relative to the burning the Gaspee. which 
was taken in writing and filed. 

fhr commissioners issued a summons for 
Patrick Earls to appear before them on Fri- 
day, the lath inst, to give evidence of what 
ho knows respecting the burning of the Gas 
pee, &c. 

The commissioners received a letter from 
Admiral Montagu, acquainting them of his 
arrival at Newport. 

Thr commissioners received from Admi- 
ral Montagu the deposition of Patrick Earls, 
taken the kith ofJuly last before a justice of 
the peace in the town of Newport. 

Thr commissioners adjourned till to-mor- 
row morning at ten o'clock. 

Friday, Jan. 15. 

The weather being extremely cold and vi- 
olent stormy, the commissioners did not meet. 
Saturday, \0th January. 

The commissioners met'according to ad- 
journment. 

Present, Joseph Wanton, Esq., Frederick 
Smythe, Esq., Peter Oliver, Esq., Robert 
Auchmuty, Esq. 

Patrick Earls, a mariner, on board his 
Majesty's ship the , pursuant to sum- 
mons., appeared before the commissioners, 
and was examined upon oath, which exam- 
ination was taken in writing, and ordered to 
be tiled. 

A letter was delivered to the commission- 
ers by the Admiral's clerk, at about half past 
eleven o'clock from Admiral Montagu, which 
was ordered to he filed. 

The commissioners immediately agreed to 
an answer, as well to this letter as to the let- 
ter received from the Admiral on the Uih 
inst, in the following words: 

Which letters were delivered to J. Bren- 
ton, Esq.. one of the Secretaries, who at- 
tended the Admiral with them, and delivered 
them to the Admiral's Secretary, the Admi- 
ral being abroad, with the following message 
from the commissioners, that they were now 
sitting, and would be glad to see the Admi- 



.,(. 



rai at the board at any time this day before 
2 o'clock in the afternoon, or on Monday or 
Tuesday next, if convenient to him. 

At two o'clock a message was received 
by the commissioners from Admiral Montagu 
acquainting them he would wait on them on 
Monday morning next. 

The commissioners then adjourned the 
business of the commission to Monday morn- 
ing at ten o'clock. 

Monday, I8lh "I January. 

The commissioners met according to ad- 
journment. Present, all. 

The Hon. Admiral Montagu waited upon 
the commissioners agreeable to his message 
oi'Saturday last. 

The Admiral laid before the commissioners, 
letters which he had received from Lieuten- 
ant Duddingston during his residence at 
Pawtuxet and Newport after the destroying 
of the schooner Gaspee. 

The Admiral also delivered to the com- 
missioners, a list ol persons who reside in 
Providence as material witnesses relative to 
the assembling of the people prior to the at- 
tacking the Gaspee, in consequence of which 
they ordered a summons to be issued for 
John Andrews, Esq., John Cole, Esq., Dan- 
iel Hitchcock, Esq., and George Brown. At- 
torneys at Law, and Arthur Fenner and 
James Sabin, to attend on Wednesday next 
at 11 o'clock, which was issued accordingly. 
The summonses were delivered to Samuel 
Clark, who was sent as express by the com 
missioners at 20 minutes after 3 o'clock. 

The commissioners adjourned till to-inor- 
row at ten o'clock. 

Tuesday, 19th January. 

The commissioners met according to ad- 
journment. Present, all. 

Peter May attended the commissioners 
pursuant to summons, and was examined 
upon oath, which examination was reduced 
to writing and ordered to be filed. 

Robert Masters, who was also summoned, 
appeared, and upon examination on oath, 
there appearing nothing material in his tes- 
timony, he was discharged without making 
any deposition. 

The commissioners received a letter from 
Admiral Montagu, which was read and or- 
dered to be filed; an answer was immedi- 
ately ordered, which was accordingly written 

in the following words : ■ , and delivered 

to the Admiral by . 

The commissioners also received another 
letter from the Admiral, enclosing the depo 

sition of Aaron Briggs, taken the day ol 

, which was ordered to be filed. 

The commissioners adjourned till to-mor- 
row at 10 o'clock. 

Wednesday, Jan. 20. 

The commissioners met according to ad- 
journment. Present, all. 

The commissioners directed copies of the 
several letters which have passed between 
them and Admiral Montagu to be made out 



in order to be transmitted to the Earl of 
Dartmouth. 

Thursday. Jan. 21. 

The commissioners met according to ad- 
journment. 

Presi at. Joseph Wanton, Esq., Frederick 
Smythe, Esq., Peter Oliver Esq., and Rob- 
ert Auchmuty. Esq. 

Samuel Clark, who was charged with the 
delivery of the several summonses issued by 
the commissioners on the 18th hist., made re- 
turn upon oath of his service thereof, which 
was ordered to be tiled. Samuel ('lark ex- 
hibited his account to the commissioners for 
performing two journies for them, one to 
Mendon, and the other to Providence, which 
amounted to , and was paid by the com- 
missioners. 

The commissioners agreed to address the 
Earl of Dartmouth, whereupon a letter was 
drafted in the follow ing words : 

Joseph Wanton, < tovernor of the colony, 
made oath of what he knew respecting the 
• (a ipee, &c. 

An adjournment being determined upon, 
Mr. Auchmuty and Mr. Oliver signified then 
intention of returning home, and took leave 

of tl thercommii sioners accordingly. 

Friday, 22d January 

The commissioners met according to ad- 
journment. 

Present Joseph Wanton, Esq., Dana I 
Horsmanden, Esq., and Frederick Smythe, 

Esq., 

Samuel Clark, who was charged with the 
service of summons on the 12th in. i . for two 
persons ai Mendon, made return upon oath 
of his service thereof, which was ordered to 
be filed 

The commissioners received a letter from 
Arthur Fenner, al Providence, excusing his 
attendance in obi dience to a summons of the 
18th: 

Also a letter from James Sabin, excusing 
Ins attendance in obedience to a summons of 
the sane- date. •..-' ich were ordered to be 

hied. 

The commissioners adjourn all further pro 
ceedings until the 26th day of May next, then 
to meet at New] ot t. 

The following is the form of oath t iken by 
the commissioni r 

We do solemnly and sincerely, in the pre- 
sence of God, profess, testify and declare, that 
we do believe, that in the sacrament of the 
Lords supper there is not transuhstantiation 
of the elements of bread and wine into the 

body and blood of Christ, at or after the 

thereof by any person wdiatsoever: And that 
the invocation or adoration of the Virgin 
Mary, or any other Saint, and the sacrifice of 
the Mass, as they are now used in the Church 
of Rome, are superstitious and idolatrous: 
And we do solemnly, in the presence of ( tod, 
profess, testify and declare, that we do make 
this declaration and every part thereof, in the. 



51 



phiin and ordinary sense of the words read 
unto us, as they are commonly understood 
Protestants, without any evasion, 
equivocation, or mental reservation, whatso- 
ever, and without any dispensation already 
granted us for this purpose by the Pope, or 
any other authority or power whatsoever, or 
without any hope o! such dispensation from 
anj person or authority whatsoever, or with- 
out thinking that we are or can be acquitted 
before God or man, or absolved of this de- 
claration or any part thereof although the 
pope, or any other person or persons, or pow- 
er whatsoever shall dispense with or annul 

thesame, ordeclare thatil was null and void 

from the beginning. 
./. Wanton, Fred. Sun/the, 

Dan. Hoi smandt n, P< U r Oliver. 

Ixubt. AucHpiuty, 

\\ e do truly and sincerely acknowledge. 
profess, testify and declare ill our conscience. 

before God and the world, that our Sovereign 
Lord. George the Third, is lawful and right- 
ful King of tins Realm, and all other his 
I '.- dominions thereunto belonging ; 

And we do solemnly and sincerely declare, 

thai we do believe in oui c 'ices, that 

not any of the descendants of the pi rson « ho 
preti nded to be Pi ince of \\ ales during the 
life of the late King James the Second, and 
since Ins decease pretended to be, and took 
upon himself the stlye and title of King of 
England, by the name of .tames the Third, 
or of Scotland, by the nana' of James the 
eighth, or the style and title of King of Great 
Britain, hath am right or title whatsoever 
to the Crown ol this Realm, or any other 

■ i ato be! ing ; And we 

do renounce, refuse, and abjure any allegi 
ance or obedience to any of them : And we 
do swear, that we will hear faith and true 

i to hi Majestj . King < leorge the 
Third, and him will defend to the utmost 
of our power, against all traitorou i n pi 

id attempts whatsoever, which shall 
be made against his person, crown or dignity: 
And we will do our utmost endeavor to dis- 
close and make known to his Maji -i\ and 
hi in- 01 . ill trea n and traitorous <<>u 
spirai iei u Inch we i hall know to be against 
him. or any of them : And we do faithfully 
promise to the utmost of our power to sup- 
port, in uiitain. and defend the sucoi i il 
the crown against the descendants of the 
said Jame . and against all other persons 
wi a! oever, wln.h succession, to an act en- 
titled, "An act for the further limitation of 
the crown, and bi ttei i curing the rights and 

of the ubji ct," is and stands limited 
to the Princess Sophia, Electoress and Dutch- 
ess Dowager of H; ver and the heirs of 

her body being protestants : and all these 
things we do plainly and sincerely acknow- 
.1 swear according to these express 
words by us spoken, and according to the 
plain and common sense and understanding 



of the same words, without any equivocation, 
mental evasion, or secret reservation whatso- 
ever: And we do make this recognition, ac- 
knowledgment, abjuration, and pro- 

iiily, willingly, and truly, upon the 
true faith of a Christian. So help us God. 
./. Wanton, Fred. Smythe, 

Dan. Horsmanden, Peter Oliver, 
Unlit. Auchmuty. 

We do swear, that we do from our hearts, 
abhor, detest, and abjure as impious and he- 
retical, that damnable doctrine and position 
that princes excommunicated or deprived 
by the pope or any authority of the See of 
Rome, may be deposed or murdered by their 
subjects or any other whatsoever. And we 
do declare that no foreign prince, person, 
prelate, state, or potentate, hath, or ought to 
have, any jurisdiction, power, superiority, 
pre-eminence or authority, ecclesiastical or 
spiritual, within this realm. So help us God. 



V'/ZrW 



, Ysrff &c»4*r»*« 



The commissioners probably closed their 
labors on the 23d of June, on which the lol- 
lowing letter, enclosing the report of their 
proceedings, was sent home: 

Newport, June 22, 1773. 

My Lord: — So much time being neces- 
sarily spent in the business of his Majesty's 
royal commission renders our return to our 
several colonies highly expedient, and hav- 
ing executed the same to the utmost of our 
abilities, we beg leave to enclose to your 
Lordship, a report thereon. 

Your Lordship is very sensible ibr the ex- 



52 



ecution of the trust his Majesty hath been 
graciously pleased to honor us with, it was 
strictly necessary to have the assistance of 
secretaries, messengers to summon witnesses, 
or go express on the business, some con- 
stant attendants and stationery. No partic- 
ular mode having yet been pointed out to 
us for defraying these expenses by govern- 
ment, we have discharged the same, except 
the secretaries Mr. Brenton and Mr. Clark. 



bur at this, our second meeting, we found'rand the total want of evidence of even an in- 



one of those gentlemen sufficient for the same. 

Mr. Oliver would have joined us in the re- 
port to his Majesty if the duly of Ins office 
had not indispensably required him to take 
his leave of us a lew days since. 

My Lord, as we have used the utmost as- 
siduity, and made the stronge I possible el 
forts to the thorough accomplishment of the 
end and design ol' the commission, though 
not attended with thai succi ss most ardently 
wished for by all. yet we humbly hope his 
Majesty will be graciously pleased to accepl 
of our services and ende: vors therein, which 
will reflect the greatest honor on your Lord 
ship's most respectful and most obedient hum 
ble servants. 

"TO THE KING'S MOST EXCELENT 
MAJESTY: 

May rr please vniii Majesty: — In obe- 
dience to your royal commission .on! instruc- 
tions, and from a due sense of the duty there- 
in enjoined on us, we have used our utmost 
care and diligence for (he purpose of enquir- 
ing into ami reporting to your Majesty ail 
the circumstances relative to iln attacking, 
plundering and burning the schooner Gas- 
pee, wounding Lieutenant Dudditigston, ami 
all other mattersin the same commi 
instructions contained. 

We now bee; leave, most humbly, to re 



contained under the inquiry into the assem- 
bling, arming, and leading on the people to 
attack the Gaspee, also the concerting and 
preparing the same, we have been particu- 
larly attentive. But after our utmost etlorts ; 
we are not able to discover any evidence 
of either; and therefore, are humbly of opin- 
ion, both from the unforeseen event of the 
< iaspee's running on shore, the suddenness 
ofihe undertaking and its accomplishment, 



tention to destroy her, though many witness- 
es of credit as well inhabitants ofProvidence 
as other places, were strictly examined on 
:1ns head, that the whole was conducted sud- 
denly and secretly. 

On the tenth of June last, about 1 in the 
morning, a number of armed people, many 
of whom, by their dress, appeared much 
above the rank of common people, and were 
accompanied by several negroes and others, 
boarded the schooner Gasper, then onshore 
on a point of land called NamquitJ which ii 
viiliiu the township of Warwick', and county 
of Kent, m this colony, and about six miles 
from the town of Providence : and aftei 
wounding the Lieutenant, and using the crew 
with great harl>, i nlv. first plundered and then 
burnt the schooner, taking the Lieutenant 
and his people on shore, to a place called 
Pawtuxet, about two miles distant. With 
i [he conduct of the magistrates, on 
the morning of the eleventh of June, the dep- 
uty governor, being informed of the destruc- 

t ; ' the i laspee, the Lieutenant being 

wounded on shore at Pawtuxet, first inquir- 
ing if any of the offendi k were know n. and 
no information ol such, immediate 
ly repaired to the place, and finding the 
Lieutenant in a dangerous condition, offered 
him everj pr rpi r assistance, to which the 
Lieutenant replied, he wanted no favors for 
port to your Majesty, thai on peopli might be taken 



telligence of your Majesty's commands, we 
with the utmost dispatch in our power, re 
paired to Newport, where, on the fifth of 
January last, your Majesty's royal commis- 
sion was published in the presence of a large 

number of people, who, on tie :aston be 

haved with great propriety • ■■ ■ nexl pro 
ceeded to give public notice of the subject 
matter of the commission and our being as- 
sembled for the execution thereof requi sting 
' all persons who could give us any informa- 
tion relative to such matters forthwith so to do. 
We beg leave to observe lo your Majesty, 
that the place where the Gaspee was de- 
stroyed, is, at least, twenty-three miles lion- 
Newport, and the accident of her running 
aground but a few hours before the attack 
take away all possibility of the inhabitants of 
the town being instrumental in or privy to 
the destruction of her; nor have we any evi- 
dence, even of the slightest kind, to induce 
suspicion to the contrary. 

We further beg leave humbly to represent 
to your Majesty, that in the part of our duty 



care of mid sent on board the Heaver, which 
was iccordingly done. The deputy govern 
or then told the Lieutenant the design of his 

nly to afiord him en, 
. nice, hut to procure such a declaration from 
las own mouth respecting the transaction that 
the offenders might be brought to justice; 
to which the I ti utenanl answered, he would 
no! give him any account ol" the matter, first, 
becaui e of his indisposition, and, i icondly, 
it was his duty to forbear any thing of that 
nature until he h id done it unto a court mar- 
tial. The deputy governor then a I id the 
Lieutenant if he was willing that his officers 
and men should be examined, to which, af 
ter some refusal, he consented. They were 
accordingly t xamined on oath, but k 
able to give information against any person 
in particular. Mr. Andrews, Judge ol the 
court of \ ice Admiralty in this colony. amend- 
ed the deputy governor, and behaved very 
properly on the occasion. The same day the 
deputy" governor, by letter, informed the 
Governor of what had happened, and of eve- 



53 



ry step he had taken as a magistrate, and 
sent him all the depositions. In another let- 
ter ofthe 12th of June, he further informed 
the Governor, it was the unanimous opinion 
of a great number of the most respectable in- 
habitants of Providence, that a proclamation 
with a proper reward, should, by the gov- 
ernor lie issued, lor the apprehending and 
to justice the persons concerned, 
which was accordingly done. In July fol- 
lowing, a warrant was granted for the ap- 
prehending one Aaron Briggs, a negro, then 
on board your Majesty's ship the Beaver, 
commanded byCapt Lindsey, tor being con- 
cerned in burning the Gaspee and wounding 
the Lieutenant. The same was delivered to 
a shentl, who. after making Ins business 
known, was refused admittance into said ship, 
hut the captain was not then on board. Very 
. nou alter such refusal the captain was in- 
formed of said warrant and requested to de- 
liver up the negro, whom he acknowledged 
was on board, hut treated the civil a 
in a most contemptuous and unjustifiable 
manner. Here the civil magistrates ceased 
ideavore to di i n er tin- offenders; 
a Superior < 'ourt held 
a a id for the county ofKent in October fol- 
lowing the burning the Gaspee, at which 
id just ci presided, the chief justice 
being absent, not any charge was given to 
I jury to inquire into that atrocious 
breach of law. nor any information thereof 
by the then acting Attorney General, nor was 

any thing done, thereon that we can di cover. 

Having now laid before your Majesty the 
substance of the proofs relative to the de- 
of the Gaspee, the barbarity and in- 
solence exerci < . 1 upon the commander and 
seamen lielniiL'itig n> her. with othei neces 
sary matters, we proceed, in obedience to 
your Majesty'i directions, to assign some pro- 
bable causes which we conceive might lead 
to so bold a violation of your M I 

and authority. 

The great impatience of some people in 
this colony under any restraint of trade, how- 
ever illicit; the check which your Majesty's 
navy officers have put to such trade by the 

aid and assistance which they have 
afforded the revenue officers ; the plundering 
and burning a .loop called the Libi 
this harbor, in July L769, then employed in 
j urn Maji r\ ice, and < om 

manded by William Reid, liberating a ves 
sel and cargo then under seizure by said com- 
mander, and in a violent and outrageous 
manni r ass lultina an I di taining him in this 
town, in duress, till the accomplishment of 
i , 
o said sloop, through 
h " them ; and the per- 

petrators ofthe 

impunitj bi tng so much as 

i led on this occasion. It must be 

further, with humble submission toyourMaj- 

tarked, that it does not appear to us. 



that any complaint or information was given 
to any peace officer or other magistrate 
against any person whatever, as concerned 
m the above transaction, excepting four dep- 
ositions, taken before a single magistrate, and 
which do not appear to have been laid be- 
fore the Governor and council, or to have had 
any effect. Certain persons, principal inhab- 
itants ofthe town of Providence, in March 
preceding the burning of the Gaspee, com- 
plained to the deputy governor, also an in- 
habitant of that place, against the conduct of 
Lieutenant Duddingston for disturbing and 
obstructing their vessels and boats, firing at 
end searching them, without showing any 
commission for so doing, and requested the 
deputy governor to inform the Governor 
thereof, that he might inquire into the said 
Lieutenant's authority ; on which the depu- 
ty governor laid the same before the chief 
justice, also an inhabitant of the town of 
Providence, for his opinion, how to conduct 
in the affair, to which ho soon returned an 
answer to the following purpose : It was 
his opinion, "that for any poison whatever to 
come into this colony and in the body there- 
of, to exercise any authority by force of arms 
or otherwise, without showing his commis- 
sion to the Governor, and if a custom house 
officer, without being sworn into his ollice, 
was guilty of a tresspass, if not piracy." But 
what effect such an opinion might have on 
the minds of the perpetrators of the crime, 
we must most humbly submit. If Lieutenant 
Duddingston, on his first arrival in the har- 
bor of Newport, had waited on the Governor, 
acquainting him with his power and authori- 
ty, and thereby early made his duty a matter 
of notoriety, lie would, at least, have acted a 
prudent part ; but whether his duty obliged 
him so to do, we do not presume to determine. 
There is also too much reason to believe that 
in some instances Lieutenant Duddingston, 
from an intemperate, if not a reprehensible 
zeal to aid the revenue service, exceeded the 
bounds of his duty. 

After exerting ourselves to the utmost of 
our abilities to collect evidence against the 
persons concerned in burning the Gaspee 
and wounding the Lieutenant, and judging 
that we had got all there was any probabili- 
ty of obtaining, we laid such before the dep- 
uty governor, the chief justice of the colony 
and three of his associates, among which tes- 
timonies was Aaron's, the negro, wherein 
some persons are expressly named and 
charged as guilty, and Mr. Dickinson's, late 
midshipman of thi Gasj e end on hoard at 
the time, she was destroyed, very particularly 
described others. The justices were then in- 
formed that the same witness was now pre- 
sent, and might be by them re examined. 
rwar Is, at the request ofthe judg- 
es, we also delivered them other dep 
which had been laid before us by the Gov- 
ernor, and which tended to discredit the tes- 
timony of said Aaron. The day following, 



54 



we received their report in the words follow- 
ing: 

"The honorable the commissioners appoint- 
ed by royal commission, tor examining into 
the attacking and destroying his Majesty's 
armed schooner the Gaspee, commanded by 
Lieutenant Duddingston, and wounding the 
said Lieutenant, having laid before us, justi- 
ces of the Superior Court of Judicature, 
Court of Assize, &c, within and throughout 
the Colony of Rhode Island, two examina- 
tions of Aaron Briggs, two examinations of 
Patrick Earls, the examination of Peter May, 
the examination of William Dickinson, the 
depositions of Samuel Tompkins, Samuel 
Thurston, and of Somerset and .'ark, indented 
servants, for our advisement thereon : 

It appeareth unto us from due considera- 
tion had thereupon, that no particular person 
or persons are made mention of as being con- 
cerned in that atrocious crime, except in the 
examination of Aaron Briggs, a negro, and 
of Peter May, one of the Gaspee's people. 
The confession of the said Aaron upon his 
first examination was made in consequence 
of illegal threats from Capt. Lindsey of hang- 
ing him (the said Aaron) at the yard arm if 
he would not discover who the persons were 
that destroyed the Gaspee ; and besides, must 
of the circumstances and facts related in both 
of his examinations are contradictions repug- 
nant to each other, and many of them im- 
possible in their nature. It is evident from 
the depositions of Tompkins, Thurston, and 
Aaron's two fellow servants, that he was at 
home the whole of that night on which the 
Gaspee was attacked ; especially as there 
was no boat on that part of the island in 
which he could possibly pass the bay in the 
manner by him described. In short, another 
circumstance which renders the said Aaron's 
testimony extremely suspicious, is ('apt. Lind- 
sey's absolutely refusing to deliver him up to 
be examined by one of the Justices of the 
said Superior Court when legally demanded. 

Peter May, in his deposition, mentions one 
person only, by the name of Greene, whom 
lie says, he saw before on board the Gaspee; 
but the family of Greene being very numer- 
ous in this colony, and the said Peter not 
giving the Christian name or describing 
him in such a manner as he could be found 
out, it is impossible for us to know at present 
the person referred to. Upon the whole, we 
are all of opinion that the several matters 
and things contained in said depositions do 
not induce a probable suspicion, that persons 
mentioned therein, or either or any of them, are 
guilty of the crime aforesaid. It is, however, 
the fixed determination of the Superior Court 
to exert every legal etfort in detecting and 
bringing to condign punishment the persons 
concerned in destroying the schooner Gaspee. 

And if the honorable commissioners are of 
;i different sentiment we should be glad to 
receive their opinion for our better informa- 
tion." 



To the latter part of which we answered; 
"that by our instructions we were commanded 
to lay before the civil magistrates all 6uch 
information as we should receive, and as it 
was their proper office to act thereupon, in 
such manner as they conceive most likely to 
answer the ends of public justice, we declined 
giving any sentiment or opinion in the mat- 
ter." 

Touching the depositions of Aaron, the 
negro, we humbly conceive it our duty to 
declare to your Majesty, that the conduct of 
Capt. Lindsey tended too strongly to extort 
from a weak or wicked mind declarations 
not strictly true ; that some parts of said dep- 
ositions falsify others; that allowing the ac- 
count he gave of the time he left the Island 
called Prudence, the. place of his residi nee, 
on the night the Gaspee was burnt, and his 
return thither, to be true, or even near the 
truth, must render his being at the taking 
and destroying her, totally impossible, the 
distance being so great between Namquit 
Point and said Island. In addition to all 
which, there is full and satisfactory evidence 
to prove him, the whole of that night, to have 
been at home, and the request which he de- 
posed was made him. to carry a person off 
said Island that night, and which he declared 
was the occasion of his going from home, 
proved on the examination of the very per- 
son, to be an absolute falsehood ; and there- 
fore we are most humbly of opinion, no credit 
is due to said Aaron's testimony. 

May it please your Majesty, the civil mag- 
istrates being entrusted with the power of 
apprehending and committing, and having 
determined against both, upon the evidence 
before them, and there being no probability 
of our procuring any further light on the sub- 
ject determines our inquiry. 

All which is most humbly submitted to 
your Majesty's royal wisdom. 

./. Wanton, Fred- Smythe, 

Dan. Horsmanden, Robt. Auchmuty. 
Newport, Rhode Island, June 22, 1773. 

The meeting of these commissioners at- 
tracted the attention of the House of Bur- 
gesses in Virginia, and led to the appoint- 
ment of committees of correspondence, in the 
several colonies. In March, 1773. the House 
resolved to appoint a committee of corres- 
pondence and enquiry, consisting of eleven 
persons, to obtain the earliest information of 
the proceedings of the British Parliament and 
to keep up a correspondence with the sister 
colonics. They were instructed without de- 
lay, "to inform themselves particularly of the 
principles and authority on which was ion 
stituted a court of enquiry, said to have been 
lately held in Rhode Island, with power to 
transport persons accused of offences com- 



55 



knitted in America, to places beyond seas to 
be tried." 

In reviewing the report of the commission- 
ers, our surprise is not so much excited at the 
conclusion to which they came from the evi- 
dence before them, as at the small amount 
of testimony they collected. It would be do- 
ing great injustice to the memories and cha- 
racters of Gov. Wanton, Judges Horsmanden. 
Oliver and Auchmuty, to suppose that they 
suppressed any evidence, or did not exert 
themselves to the utmost to procure testimo- 
ny. The course they afterwards took in the 
war of the revolution, when they joined the 
ministerial party in the country, is a sufficient 
guaranty that they were, by no means, luke- 
warm in the service of his Majesty. They 
were surrounded, too, at the time of their 
sessions, by the officers of the crown, and in- 
dividuals high in rank and standing, who 
were eager in the chace of those who insulted 
their sovereign in the person of his represen- 
tative, Lieut. Duddingston. Under these 
circumstances, it is passing strange, that no 
persons could be found, who could identify 
those engaged in the enterprise, or that the 
great reward ottered on the occasion should 
not have induced some one to have turned in- 
former. That the enterprise was suddenly 
conceived, there can be no doubt ; but every 
circumstance shows, that no great care was 
used to preserve secrecy. They were called 
together by the beating of a drum in the 
streets. The collecting of the boats, the as- 
sembling at a public house, the embarking 
from a public wharf, all must have attracted 
the notice of the inhabitant . The parties 
assumed no disguise of any kind but went in 
their usual dress. Among them were some, 
little conscious of the crime they were com- 
mitting and the penalty they were incurring. 
Mr. John Howland says, that on the morning 
after the affair, Justin Jacobs, a young man, 
was parading himself on "the great bridge," 
then the usual place of resort, with Lieuten- 
ant Dudding ton' gold laced beaver on his 
head, detailing to a circle around him the 
particulars of the transaction, and the man- 
ner m which he obtained the hat from the 
cabin of the Gaspee. It required sharp 
words to induce him to retire and hold his 
["here were othen . probably, equally 
indiscreet ; and yet not an individual could 



be found who knew anything about the af- 
fair. 

With the following song, made on the oc- 
casion, it is designed to close this prolix ac- 
count of the Gaspee : 

SONG. 
'Twas in the reign of George the Third, 
Our public peace was much disturbed 
By ships of war that came and laid 
Within our ports, to stop our trade. 
Seventeen hundred and seventy-two, 
In Newport Harbor lay a crew, 
That played the parts of pirates there, 
The sons of freedom could not bear. 
Sometimes they weighed and gave them chase, 
Such actions sure were very base. 
No honest coaster could pass by 
But what they would let some shot Hy ; 
And did provoke, to bigli degree, 
Those true born sons of liberty ; 
So that they could not longer bear 
Those sons of Belial staying there. 
But 'twas not long 'fore it fell out, 
That William Duddingston, so stout, 
Commander of the Gaspee tender, 
Which he has reason to remember, 
Because, as people do assert, 
He almost had his just desert, 
Here on the tenth day of last June, 
Betwixt the hours of twelve and one, 
Did chase the sloop, called the Hannah, 
Of whom one Lindsey was commander. 
They dogged her up Providence Sound, 
And there the rascal got aground. 
The news of it flew that very day, 
That they on Namquit Point did lay. 
That night about half after ten 
Some Narragansett Indian men, 
Being sixty-four, ifl remember, 
Which made the stout coxcomb surrender , 
And what was best of all their tricks, 
They in his breech a ball did fix ; 
Then set the men upon the land, 
And burnt her up, we understand ; 
Which thing provoked the King so high 
lie said those men shall surely die ; 
So if he could but find them out, 
The hangman he'll employ, no doubt ; 
For he's declared, in his passion, 
He'll have them tried a new fashion. 
Now for to find these people out 
Kihl' George has offered very stout, 
I In. thousand pounds to find out one 
That, wounded William Duddingston. 
One thousand more he says he'll spare, 
For those who say they sheriffs were . 



56 



One thousand more there doth remain 
For to find out the leader's name ; 
Likewise five hundred pounds per man 
For any one of all the clan. 
But let him try his utmost skill, 
I'm apt to think he never will 
Find out any of those hearts of gold, 
Though he should offer fifty fold. 

The name of the author of this song is lost. 
He richly deserves the thanks, not only of 
his cotemporarics, but of posterity; not so 
much for the sweet poetry of his song, as for 



the ballad shape in which he invested the 
transaction. Undoubtedly, some tune was 
found, at the time, to match it, notwithstand- 
ing the limping gait of some of the stanzas ; 
and as it was sung in the circle of boon com- 
panions, they recalled the light of the burning 
Gaspee to their recollection, and hailed it as 
being, what subsequent events have shown 
it to be, the dawning light of freedom, whose 
mid-day effulgence now overspreads our 
land. 


































































1ECKMAN W 
UNOfcW ,NC ■ 
- s APR 89 



